Gross Negligence Manslaughter

Question 1

Definition

Answer 1

when D owes V doc. But breaches duty in a very negligent way causing the death could be held liable for GNM (Admoka)

Question 2

Unlike Uam

Answer 2

This offence can be committed by an omission. D not committing crime when d dies eg. Holloway rewiring a house

Question 3

D owed V DoC

Answer 3

D must owe V Doc. Fact V is party to an illegal act doesn’t matter. Wakker

Question 4

Look at…

Answer 4

Donoghue v Stevenson

- Take reasonable care not to harm your neighbour

Question 5

Contract

Answer 5

Pitwood and Litchfield

Question 6

Voluntarily Assumption of Duty

Answer 6

Stone and Dobinson / Evans

Question 7

Doctor and Patient

Answer 7

Adomako

Question 8

Driver and motor vehicle passengers

Answer 8

Wakker

Question 9

Creating a state of affairs where D knows our ought to have know was threatening the life of V .

Answer 9

Evans and Khan

Question 10

Landlord and Tenant

Answer 10

Singh

Question 11

Acts or omission in carrying out duty fall below standard of reasonable man

Answer 11

Misra

Question 12

D breach of duty must actually cause death

Answer 12

Causation principles apply

Question 13

D act so bad it was criminal

Answer 13

Negilgence was gross eg Bateman

Question 14

Adomako

Answer 14

Conduct so bad

Question 15

Andrews

Answer 15

high degree of negligence

Question 16

MR

Answer 16

essence of GNM. D didn’t intend to kill. D is judged by behaviour rather than state of mind

Question 17

Intoxication

Answer 17

Voluntary intoxication doesn’t count