Involuntary Manslaughter (gross negligent)

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  • Created by: bananaaar
  • Created on: 28-04-15 19:25
4 elements of GNM?
D owes V a duty of care. D breaches duty of care. Breach involves a risk of death. Breach caused death. D showed such disregard for the life and safety of others as to amount to a crime.
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What must be established?
A duty of care. [Adomako] [Dytham] [Gibbins and Proctor] [Donoghue and Stephens] [R v Singh] [Wacker] [Evans] [Kennedy]
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Where was GNM defined?
[Adomako]
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[Adomako]
An anaesthetist only noticed that a tube carrying oxygen to a patient had been disconnected when the patient had a heart attack. The patient died. D's failure was seen as abysmal as a competent person would have noticed within 15 seconds.
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Where was duty of care defined?
[Donoghue v Stevens]
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[Donoghue v Stevens]
Drink had decomposed snail in it. Defined that a duty being owed to a neighbour. Persons so closely and directly affected by an act that it would be reasonable to have them in contemplation at the time of the act/omission.
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Definition of gross negligence?
Something that went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others to amount to a crime [Bateman]
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What degree of negligence is needed to be criminal?
Very high degree of negligence was needed - 'a criminal disregard for others' safety'. [Andrews v DPP].
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[Dytham]
Police officers have duty to public.
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[Gibbins and Proctor]
Parent and child duty of care.
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[R v Singh
D was landlord of a property where a gas fire caused death. D convicted as he had a duty to maintain and manage the property.
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[Wacker]
D brought 60 illegal immigrants into the UK in lorry on a cross channel ferry. D closed the air vent killing 58 immigrants. D's manslaughter conviction was upheld by CA as he knew immigrants relied on him and owed them a duty even in criminal activit
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[Evans]
D was convicted of GNM due to the death of her 17 year old sister who died of a heroin overdose. By creating a dangerous situation, the sister created a duty to care thus the duty was breached.
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[Kennedy]
Drug dealers do not owe a duty of care to those who self inject.
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[Litchfield]
D owned and captained a ship. D set sail knowing engines might fail and 3 people died. D convicted as he owed a duty to the crew.
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[Bateman]
D was a doctor who attended a woman in childbirth. Despite medical problem, D did not send woman to hospital for 5 days and she died. .
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[Misra and Srivastava]
D and another doctor failed to identify and treat an infected patient after a knee operation. CA upheld conviction as risk of death and argument that elements of GNM unclear were rejected.
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MR of GNM?
The failure must be so gross in the eyes of the jury as to amount to be criminal and must be a risk of death. [Bateman] [Andrews] [Adomako]
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Law Commission document 1996?
Abolish involve m/s and replace it with 2 offences - reckless killing and killing by gross negligence.
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Reckless m/s?
Doubt as to whether it exists, rarely used in practise.
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Reckless m/s definition?
When acting, D is aware of a high risk of death/serious injury but nevertheless goes on to take that risk. This can be for unlawful or lawful activity.
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Problem with reckless m/s?
Overlap between constructive m/s and gross negligent. Furthermore overlaps with oblique intent regarding highly probable.
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[Lidar]
D and friends were asked to leave a pub. The doorman reached in through D's car window and D drove off with the doorman half in car. He was dragged under wheels and died. D convicted of m/s as he saw risk and decided to run it.
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Reform of law on m/s from 2006 report. Proposal 1
Second degree myrder includes killings where the D was aware that their conduct posed a serious risk of death and they had intent to cause injury, fear of injury or risk of injury.
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Reform of law on m/s from 2006 report. Proposal 2?
Constructive m/s is defined as occurring where death is caused by a criminal act that is intended to cause injury or where there is an awareness that the act involves a serious risk of causing injury.
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Reform of law on m/s from 2006 report. Proposal 3?
What is now GNM is defined as death occurring as a result o the Ds conduct falling below what could be expected.
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Card 2

Front

What must be established?

Back

A duty of care. [Adomako] [Dytham] [Gibbins and Proctor] [Donoghue and Stephens] [R v Singh] [Wacker] [Evans] [Kennedy]

Card 3

Front

Where was GNM defined?

Back

Preview of the front of card 3

Card 4

Front

[Adomako]

Back

Preview of the front of card 4

Card 5

Front

Where was duty of care defined?

Back

Preview of the front of card 5
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