Gross Negligence

What is the defintion of gross negligence?
Where D commits a lawful act in such a way as to make his actions criminal.
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What is the actus reus for gross negligence?
When death is the result of D's gross negligence inc ircumstances where he has a duty to care but fails.
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Name the case for gross negligence?
Adomako.
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Name the four elements that must be satisified for gross negligence?
Owe a duty to care to V, D breaches the duty to care, breach amounted to gross negligence to justify conviction, breach causes death.
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What factors are likely to be taken into consideration when considering whether D negligence was gross or not?
How far below the standard of the reasonable person was the D's conduct? + Had the defendent forseen the risk of death? + Did the D have a good explanation for his behaviour? + Had the victim put his trust in the D to excercise special skill?
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Name a case to support gross negligence?
Bateman
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What is Lord Hewart's quote for gross negligence?
"went beyond a mere matter of compensation with the disregard for the life and safety".
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Name the case where duty to care was owed?
Donoghue V Stevenson (snail in the ale)
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Name the case where the duty to care by drugs dealers was questioned?
Khan and Khan.
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Other cards in this set

Card 2

Front

What is the actus reus for gross negligence?

Back

When death is the result of D's gross negligence inc ircumstances where he has a duty to care but fails.

Card 3

Front

Name the case for gross negligence?

Back

Preview of the front of card 3

Card 4

Front

Name the four elements that must be satisified for gross negligence?

Back

Preview of the front of card 4

Card 5

Front

What factors are likely to be taken into consideration when considering whether D negligence was gross or not?

Back

Preview of the front of card 5
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