1B Gross Negligence Manslaughter (complete) Flashcards
(20 cards)
What do you have to prove for gross negligence manslaughter?
Duty of care, breach of that duty, causation and mens rea.
Where are the requirement for gross negligence described?
In Adomako, Lord Mackay stated “the ordinary principles of negligence apply to ascertain whether or not D had been in breach of a duty of care towards the victim.”
What are the cases for duty of care?
Donoghue v Stevenson
Caparo
Khan & Khan
Evans
Ratio for Donoghue v Stevenson
The neighbour principle states that you must take reasonable care to avoid acts or omissions that you can reasonably foresee might injure your neighbour who is any person closely and directly affected by your acts or .
Ratio of Caparo
Was the harm:
(a) reasonably foreseeable (Kent v Griffiths)
(b) sufficient proximity between V and D (Osman v Ferguson has proximity, Bourhill v Young doesn’t)
(c) fair, just and reasonable to impose duty (Hill v CC of West Yorkshire is not reasonable)
Ratio of Khan & Khan
The convictions were quashed due to a misdirection but the court did not rule out the possibility of a duty of care being owed by drug dealers.
GN manslaughter can be committed by an act or omission.
What are the 6 omissions?
Creating a dangerous situation and failing to rectify it (Miller)
Parental duty (Gibbons and Proctor)
Contractual duty (Pittwood)
Duty of care- assumption of responsibility (Dobinson and Stone)
Duty through an official position (Dytham)
What are the 6 omissions?
Creating a dangerous situation and failing to rectify it (Miller)
Parental duty (Gibbons and Proctor)
Contractual duty (Pittwood)
Duty of care- assumption of responsibility (Dobinson and Stone)
Duty through an official position (Dytham)
Ratio of Evans
D’s duty of care arose not from her family relationship, but from her supplying the heroin.
She had created a dangerous situation by giving V heroin and failing to take action to reduce the risk by getting medical assistance which would have saved her.
How is breach of the duty of care imposed?
The defendant is judged against the standard of the reasonable person performing the activity involved.
In Adomako, D was judged by the standard of a reasonable anaesthetist.
What must a breach of duty also have?
There must be a risk of death (Misra).
Ratio of Misra
The breach of duty must create a risk of death. Risk of bodily injury or injury to health is not enough.
What must be proved for causation?
Factual causation, legal causation, no intervening acts.
What is the test for factual causation?
‘But for’ test (White)
What is the test for legal causation?
Operating and substantial cause of death (Kimsey)
Cases for Novus actus interveniens
Pagett (act of the third party)
Cheshire and Jordan (medical treatment)
Roberts and Williams (act of the victim)
Kennedy (act of victim)
What is the mens rea for gross negligence?
Adomako
“Having regard to the risk of death involved was the conduct of D so bad as to amount to a criminal act or omission” (Lord Mackay)
What approved the mens rea for gross negligence?
Bateman
“The negligence of the accused went beyond a mere matter of compensation between the subjects and showed such disregard for the life and safety of others as to amount to a crime”
What is not a defence for gross negligence manslaughter (cite the case)?
A criminal enterprise (Wacker)
Ratio of Wacker
Tried to raise the civil defence of the ex turpi causa (if D and V are engaging in a criminal enterprise, V cannot sue D if something goes wrong).
This defence cannot be raised for gross negligence manslaughter.
