IM: Gross Negligence

Question 1

involuntary manslaughter def

Answer 1

an unlawful killing where the d does not have the mr for murder (malice aforethought)

Question 2

Adomako

Answer 2

• set out 5 elements

- approved def in Bateman

Question 3

Singh

Answer 3

1) d must have owed v a DoC

Question 4

Donoghue v Stevenson

Answer 4

1) based on the law of tort, first defined here

Question 5

Evans

Answer 5

1) states a DoC applies “wherever d’s conduct carries a foreseeable risk to those around them”

Question 6

Wacker

Answer 6

1) a Doc can still be owed in criminal activity

Question 7

Stone and Dobinson, Gibbons and Proctor

Answer 7

1) a duty to care for someone, assumed voluntarily

Question 8

Pittwood

Answer 8

1) a contractual duty

Question 9

Miller

Answer 9

1) duty to deal with a dangerous situation

Question 10

Blyth v Birmingham Waterworks

Answer 10

2) d must have breached the DoC by falling below the r person SoC

Question 11

Bolam v Friern Barnet HMC, Montgomery v Lanarkshire

Answer 11

2) d’s c’s: professionals

Question 12

Nettleship v Weston

Answer 12

2) d’s c’s: learners

Question 13

Mullins v Richards

Answer 13

2) d’s c’s; children

Question 14

Bolton v Stone

Answer 14

2) RF’s: size of risk of harm

Question 15

Paris v Stepney

Answer 15

2) RF’s: special c’s, serious potential inury

Question 16

Latimer v AEC Ltd

Answer 16

2) RF’s: cost & practicality of reducing risk

Question 17

Watt v Hertfordshire

Answer 17

2) RF’s: public benefit

Question 18

White, Pagett

Answer 18

3) factual causation

Question 19

Smith, Pagett

Answer 19

3) legal causation

Question 20

Misra & Srivastava

Answer 20

4) serious & obvious risk of death, and death did result

Question 21

Bateman

Answer 21

5) gross negligence- where the n was such to make the d criminally liable
- defined as “conduct so bad in all circumstances as showing such disregard for the life and safety of others as to amount to a crime”

Question 22

GN checklist

Answer 22

• IM def A
  1) DoC S, DvS, E
• IR: criminal (W), omission S&D, G&P, M, P
  2) breach: d’s c’s & RF’s BvBW BvFBH,MvL,NvW,MvR BvS,PvS,LvAEC,WvH
  3) causation W/P, S/P, C, R, P, C, J, B
  4) risk of death M&S
  5) gross def B, A