Gross Negligence Manslaughter
- Created by: Janki
- Created on: 08-12-14 10:52
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- Gross Negligence Manslaughter
- A death is caused by the conduct of the defendant which is so grossly negligent as to be criminal
- Duty of Care
- Evans - a duty can exist when D has created a state of affairs which he knows or is ought to reasonably foresee has become life threatening
- Stone and Dobinson - criminally negligent when breaching voluntary duty of care
- Singh and Litchfield - contractual duty
- Khan & Khan - obiter statement; could be a duty to summon medical assistance in some circumstances
- Wacker- duty still owed to those who D is complicit in a crime
- Breach of Duty
- The actions of D must have fallen below the standard of a reasonable person carrying out the activity
- Grossly Negligent
- Bateman - the negligence must be 'gross' and 'show such disregard for the life and safety of others as to amount to a crime'
- Adomako - so bad in all the circumstances
- Finlay - D's conduct did not show such disregard for the life and safety as to amount to gross negligence
- Simpson - jury didn't believe the conduct was so grossly negligent as to amount to a crime
- Edwards - parents had ignored obvious and serious danger or had decided to take the risk
- Risk of Death
- Did the actions of D cause a risk of death to V?
- Misra v. Srivastava - the negligence was a substantial cause of death of V
- Did the actions of D cause a risk of death to V?
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