Gross Negligence Manslaughter Flashcards
1
Q
D may be charged with…
A
Involuntary manslaughter specifically gross negligence manslaughter
2
Q
GNM- has…
A
4 stages that must be established (Adomako)
3
Q
Stage 1-
A
D must have duty of care
4
Q
Adomako-
A
“Ordinary principles of negligence apply”
5
Q
3 questions to ask?
A
- Foreseeable-Is it foreseeable that V bill be injured due to Ds actions?
- Proximity-Do the D and V have a relationship of legal closeness?
- Reasonable-Is it reasonable to give V duty of care?
6
Q
Stage 2-
A
Has D breached duty of care?
7
Q
Adomako key question?
A
“Has the D acted like a reasonable person or have they failed to reach that standard”
8
Q
SIDE RULES:
A
Contractual duty- Pitwood
Voluntary duty + special relationships - Gibbons and Proctor
Creating a dangerous situation- Miller
9
Q
Stage 3-
A
Did the breach of duty involve a risk of harm (Misra)
10
Q
Stage 4-
A
Is the breach of duty gross?
“Was the breach so bad that it ought to be a crime? Did the D show a complete disregard for the life and safety of others” (Bateman)
