What are the four elements for Gross Negligence Manslaughter?
1) Duty of care, 2) Breach in the duty of care, 3) Breach is gross and 4) risk of death
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What is the key case for Gross Negligence Manslaughter?
The key case for GNM is Adamako and it outlines the four elements that are needed for a GNM
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What is the ordinary principle of the duty of care needed for GNM? and which case does this come from?
The principle comes from the case Donohue v Stevenson: 'a person that is closely or directly affected by my actions'
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How do we measure a duty of care?
It is measured tot he standard expected of a reasonable and competent person but it may be adjusted tot ake into account some charcteristics e.g. professional, child or a learner
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How do we establish if the negligence is gross? and which case did this come from?
Bateman: for criminal liability the negligence has to be gross 'Does the conduct show such a regard of the life and safety of others?'
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Is the test for the risk of death subjective or objective?
Objective
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What is the MR for GNM?
The D is judged on their behaviour not their state of mind
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Other cards in this set
Card 2
Front
What is the key case for Gross Negligence Manslaughter?
Back
The key case for GNM is Adamako and it outlines the four elements that are needed for a GNM
Card 3
Front
What is the ordinary principle of the duty of care needed for GNM? and which case does this come from?
Back
Card 4
Front
How do we measure a duty of care?
Back
Card 5
Front
How do we establish if the negligence is gross? and which case did this come from?
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