gnm , invol mans Flashcards

(3 cards)

1
Q

what is invol man

A

blameworthy conduct , causes death but theres no intention to cause death

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2
Q

when is gnm committed and what is it

A
  • 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

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3
Q

what case showed the 5 elements that have to be proven before a D can be convicted of gnm

A

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

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