Involuntary manslaughter- gross negligence

Question 1

Principles developed by

Answer 1

R v Adomako

Question 2

Definition

Answer 2

Person will be convicted if:
-Defendant owed a duty of care towards the victim
-Breached the duty and caused death
-Negligence was gross, serious enough to warrant criminal liability in eyes of the jury
- Gross negligence which was the substantial cause

Question 3

Reasonable claimant would be injured

Answer 3

Donoghue v Stevenson

Question 4

Public policy considerations to be made and whether the imposition of a duty of care would be just and reasonable

Answer 4

Caparo v Dickman
R v Singh

Question 5

Applies to an omission

Answer 5

R v Stone and Dobinson

Question 6

No action in civil law did not mean there was no breach of duty of care in criminal cases

Answer 6

R v Wacker

Question 7

where defendant and victim were engaged in criminal activity , defendant still owe a duty of care

Answer 7

R v Willoughby

Question 8

Negligence deemed as gross if it goes ‘beyond the matter of mere compensation between subjects and shows disregard for the life and safety of others as to amount to a crime of the state deserving of punishment’

Answer 8

R v Bateman

Question 9

Jury considers the seriousness of breach in all circumstances

Answer 9

R v Adomako

Question 10

It is not enough to show there was a risk to bodily injury or injury to health, the test is whether there is a risk of death

Answer 10

R v Misra and Srivastava

Question 11

Duty of care can exist where the defendant has created a state of affairs which they know or ought to reasonably know would become life threatening

Answer 11

R v Evans