Gross negligence manslaughter

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What is Gross Negligence Manslaughter
When a person dies as a result of the negligence of another
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What is the leading case on GN Manslaughter
Adomako 1994
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What happened in the case of Adomako
D was anaesthetist, during eye op. During op. the tube connecting O to patient = disconnected - Patient died
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What are the elements Adomako required to prove Gross Negligence Manslaughter
1) Duty of care exists from defendant to Victim, 2) There was a breach in this duty of care, 3) The gross negligence is such to be considered criminal by jury
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How to see if a duty of care was owed
Apply Donoghue test 1932
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Donoghue test states...
'You must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour'
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Who is your neighbour?
A neighbour is a person who is closely and directly affected by my actions that I ought to have had them in contemplation when applying my mind to the acts or omissions in question'
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What are the situations where you owe a duty of care?
1) Contractual, 2) Public duty, 3) Loco Parentis, 4) Vouluntary Assumption of a relationship, 5) Creation of a dangerous situation, 6) Professional duty to a client
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1) Contractual
Pitwood (1902) - Rail crossing keeper omitted to lower gates
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2) Public duty
Dytham (1979) - Police officer saw bouncer beat up man
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3) Loco Parentis
Gibbons & Proctor (1918) - Didn't feed child starved to death
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4) Vouluntary Assumption of a relationship
Stone v Dobinson - Failed to take care of ill, elderly relative
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5) Creation of a dangerous situation
Miller (1983) - set fire to matress
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6) Professional duty to a client
Doctors, Dentist, Builder, Gas fitter - ETC
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Caparo Test states:
1) was the damage or harm reasonably foreseeable? 2) Is there a sufficient proximate relationship between victim and defendant, 3) Is it fair, just and reasonable to impose the duty
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Key issue with Duty of care...
Imported for negligence laws = does this mean other tort concepts are to be imported too
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Law of negligence suty of care defences...
Volenti nonfit injuria, Contributory negligence, Exturpi Causa
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Volenti nonfit injuria
Defence if D is sued if D can show that the victim voluntairly took on a known risk of loss or injury
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Contributory negligence
Damages can be reduced to reflect the claiments negligence in contributing to their loses
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Exturpi Causa
Damages excluded if the claiment is involved jointly with another in a criminal activity which causes his loss
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Is Exturpi Causa imported into manslaughter?
If 2 people are involved in criminal offence and one dies does this mean no manslaughter or murder action is taken??
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Answer???
No - A murder or manslaughter action may still result.
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Cases to be used alongside this...
Willoughby (2003) and Wacker (2004)
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Willoughby (2003) ...
D cant use Exturpi Causa to prevent manslaughter actions. (Burned down pub - insurance scam, caused explosion = killed V)
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Wacker (2004)
No defence of Exturpi Causa ( Lorry driver, illegal immigrant, air vent closed, immigrants died)
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Breach of duty
The victims conduct must have breached their duty of care to the victim.
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Breach of duty key case
Blyth and Birmingham Waterworks
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States...
'Doing something a reasonable man wouldn't do or failing to do something a reasonable man would do'
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Gross negligent breach =
Their breach must be gross - Satisfy the Bateman (1925) test
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Bateman states =
Did the act show - 'Such a disregard for the life and saftey of others as to amount to a crime'
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What is the question for the jury on whether or not the D breached their duty of care...
'Whether or not the D negligence was gross and whether additionally it was a crime, but whether his behaviour was grossly negligent and consequently criminal. This is not a question of law but one of fact'.
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What case was this statement in ??
Misra and Srivastava (2004)
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What else must the jury take into consideration?
Whether the breach of duty was serious enough as to amount to gross negligence
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Case of Finlay (2001)
Scout party, Snowdon = one boy fell to his death - no proper saftey procautions were in place
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Case of Edwards (2001)
Daughter and friend played on rail bridge. Parents meant to warn child if train was coming = they didnt and child died
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'Risk of death'
The risk of death must have be obvious to a reasonable person.
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Risk stated in Adomako and confirmed in Misra
'disregard for the life and saftey of others - Bateman
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Objective test is finally considered
'Would a reasonable person in the defendants position have been able to foresee a serious risk of death'?
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Other cases for GN mans`
...
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Holloway (1994)
Electrician failed to wire sink up properly = electric shock
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Watts (1998)
Opeation child had O tube in throat, mum went took case to car when returned tube out and child dead
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Bateman (1925)
Removed someones uterus - didn't take lady to hospital = dead
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Andrews V DPP (1937)
Broke speed limit - overtook car and killed pedestrain
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Misra V Srivastava (2004)
Didn't provide patient with treatment and medication = dead
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Other cards in this set

Card 2

Front

What is the leading case on GN Manslaughter

Back

Adomako 1994

Card 3

Front

What happened in the case of Adomako

Back

Preview of the front of card 3

Card 4

Front

What are the elements Adomako required to prove Gross Negligence Manslaughter

Back

Preview of the front of card 4

Card 5

Front

How to see if a duty of care was owed

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