gnm , invol mans Flashcards
(3 cards)
what is invol man
blameworthy conduct , causes death but theres no intention to cause death
when is gnm committed and what is it
- where d owes v a duty of care and breaches that doc in a way thats so criminal , its negligent , causing death of victim
can be committed by act or omission , either of which has to be unlawful
what case showed the 5 elements that have to be proven before a D can be convicted of gnm
r v Broughton
1 = defendant owed an existing duty of care to the victim
2 = the D negligently breached that duty of care
3 = at the time of the breach there was a serious and obvious risk of death
4=. breach of the duty caused or made a significant contribution to the death of the victim
5= from view of the jury, breach was so bad and so repressible as to justify to conclusion that is amounted to gross neg