Gross negligence manslaughter - Unit 3

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  • Created by: Carissa
  • Created on: 05-06-15 13:50
Definition of gross negligence manslaughter - Adamako
1. The existence of a duty of care 2. The breach of that duty caused death 3. The negligence was 'gross' which a jury consider merits a criminal conviction
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Duty of care
Same as civil law - Caparo v Dickman, Donoghue v Stevenson, Adamako (doctor/patient)
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Singh
Landlord's duty to maintain a gas fire
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Rogers
Held that D had a duty not to supply drugs.
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Wacker
It is for the judge to decide whether a duty COULD exist, and the jury to decide whether it DOES. Also held that a duty of care can exist even when the victim is party to an illegal act.
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Act or commission?
Both can suffice
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Andrews definition of 'gross'
'criminal disregard for others safety...grossest ignorance or the most criminal inattention'
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Misra;Sirvastava
Definition of gross is left to the jury.
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Finlay
Scout leader on Snowdon in charge of a party of scouts. 10 year old died and evidence showed safety procedures had not been followed. Not held to be 'gross'.
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R v Winter
Fire approaching a container filled with illegal fireworks. The explosions were bigger than expected and 2 fire officers died. Negligence seen as 'gross'.
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Adamako
A reasonable person must foresee a risk of death.
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AG's ref no 2 1999
No mens rea required
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Khan v Khan
Could be a duty to summon medical assistance in some cases
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Other cards in this set

Card 2

Front

Same as civil law - Caparo v Dickman, Donoghue v Stevenson, Adamako (doctor/patient)

Back

Duty of care

Card 3

Front

Landlord's duty to maintain a gas fire

Back

Preview of the back of card 3

Card 4

Front

Held that D had a duty not to supply drugs.

Back

Preview of the back of card 4

Card 5

Front

It is for the judge to decide whether a duty COULD exist, and the jury to decide whether it DOES. Also held that a duty of care can exist even when the victim is party to an illegal act.

Back

Preview of the back of card 5
View more cards

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