Gross negligence manslaughter Flashcards
Element 1 is that the defendant must owe a duty of care to the v__
Victim
Element 2 is that there must be a breach of d___
duty
Element 3 is that the defendant’s conduct must have created an obvious risk of d___
DEATH
Element 4 is that he conduct must, in the eyes of the jury, j__ a criminal conviction
Justify
In the case of R v Adomako, a first-time part-time antitheist failed to realise that a patient’s breathing tube had become disconnected from the v____
Ventilator
The case of R v Litchfield shows that ordinary___ of __ apply here
Ordinary principles of negligence
For the second element to be satisfied, the defendant must show a blatant disregard for the__ of others
Lives
Bateman tells us that:
For the second element to be satisfied, the defendant must show a blatant disregard for the lives of others
Misra and Srivastava tells us that only a risk of ___ will suffice
Death
Lord Mackay stated that the conduct of the defendant has to be “so bad in all of the ____ as to amount in their judgement to a criminal act or o____”
Circumstances
Omission
In the case of Adomako, Lord Mackay stated what:
The conduct of the defendant has to “so bad in all of the circumstances as to amount in their judgement to a criminal act or omission”
The test in element 4 is illustrated by R v __
Kite
An example of a GNM case with a clear duty of care is
Wacker
The ordinary principle of negligence is that the standard is
Whether the D’s conduct fell below the standard of a reasonable person carrying out the same activity as the D
Was R v Bateman EARLIER OR LATER than Adomako?
Earlier
