gross negligence manslaughter

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  • GNM- D breached a duty that causes death and that breach was grossly negligent- adomako
    • 1. duty of care
      • caparo-damages to v must be reasonably foreseeable, proximity between v and d, must be fair just and reasonable to impose a duty of care
      • r v pittwood- contractual duty
      • gibbons and proctor- relationship duty
      • dytham- public office
      • miller- creating dangerous situations
      • stone and dobinson-voluntary assumption of care
      • r v evans- d has willingly and actively taken over the care of v
    • 2. breach of duty
      • Blyth v bw- falling below the standard if care expected of the reasonable person
        • age can lower standard of care- mullin v Richards
        • professionals are compared with professionals- Bolam
        • inexperience doesn't lower the standard of care- nettleship v Weston
      • risk factors
        • precaution - reasonable man will take precautions according to the size and risk of the harm-latimer
        • size- less precautions when the size is lower- miller v Jackson
        • seriousness- more precautions when the seriousness is higher- Paris v sbc
        • benefits- when the benefits outweighs the risks- watt v hcc
      • the breach must involve a risk of death- Misra
        • a reasonable person must foresee this risk- Lewin v cps
    • 3. causing death ( causation)
    • 4. gross negligence
      • adomako- d's conduct must be so bad, in all circumstances as to amount the crime


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