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
1 of 13
Duty of care
Same as civil law - Caparo v Dickman, Donoghue v Stevenson, Adamako (doctor/patient)
2 of 13
Singh
Landlord's duty to maintain a gas fire
3 of 13
Rogers
Held that D had a duty not to supply drugs.
4 of 13
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.
5 of 13
Act or commission?
Both can suffice
6 of 13
Andrews definition of 'gross'
'criminal disregard for others safety...grossest ignorance or the most criminal inattention'
7 of 13
Misra;Sirvastava
Definition of gross is left to the jury.
8 of 13
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'.
9 of 13
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'.
10 of 13
Adamako
A reasonable person must foresee a risk of death.
11 of 13
AG's ref no 2 1999
No mens rea required
12 of 13
Khan v Khan
Could be a duty to summon medical assistance in some cases
13 of 13
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
Card 4
Front
Held that D had a duty not to supply drugs.
Back
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.
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