The unlawful killing of a reasonable person in being under the King (or Queens) peace with malice aforethought expressed or implied
1 of 10
State the four part test for Gross Negligence Manslaughter
D suffered an abnormality of mental functioning, from a recognised medical condition, which substanitally impaired the D to (...) and provides an explanation for D's actions
2 of 10
State the three part test for loss of control
D's actions amount to a loss of control, loss of control was a qualifying trigger, A reasonable person of D's age and sex with a normal degree of mind would have acted the same in those circumstances
3 of 10
State the two qualifying triggers
1. Things said or done that were of grave nature that gave the V a sense of being justifiably wronged 2. fear of serious violence
4 of 10
State the five part test for Gross Negligence
D owed a duty of care, there was a breach of duty, risk of death from breach, breach caused V's death and the breach is so gross it should be termed criminal
5 of 10
What is the leading case for GNM?
Adomako
6 of 10
State the four part test for Unlawful Act Manslaughter
There was an unlawful act, which was dangerous, the crime resulted in the death of V (causation) and the mens rea for the unlawful crime
7 of 10
How is it termed that an offence is dangerous? (UAM) State the case in which is what defined in
A reasonable person would have foresaw some harm, albeit serious Church
8 of 10
State the (...) in GNM (third part of the test)
form rational judgement, understand his actions or exercise self control
9 of 10
What does it say about people who are not fully qualified i.e. junior doctors? (case?)
Misra: they will be compared to the reasonable competent professional
10 of 10
Other cards in this set
Card 2
Front
State the four part test for Gross Negligence Manslaughter
Back
D suffered an abnormality of mental functioning, from a recognised medical condition, which substanitally impaired the D to (...) and provides an explanation for D's actions
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