gross negligence

Question 1

GN

Answer 1

murder whilst lacking the malice aforethought and an unlawful act for constructive manslaughter but was acting negligently

Question 2

Duty of care

Answer 2

the defendant must owe a duty of care towards the victim

Question 3

Donoghue v Stevenson

Answer 3

LP - neighbourhood test, foreseeability test if the jury saw themselves as the defendant and who their actions will directly affect - eg, a teacher - pupils

Question 4

Stone & Dobinson

Answer 4

elderly sister died in the care of her sisters
LP - Liable by omissions (LBO) - GN
duty of care between carer and patient

Question 5

Pittwood

Answer 5

railway worker failed to close the gate - d died
LP - LBO - GN
DOC between the worker and railway user

Question 6

Singh

Answer 6

landlord failed to do a gas test - 2 died
LP - LBO - GN
DOC between the landlord and tenant

Question 7

Litchfield

Answer 7

captain of a ship caused a ship wreck - killing many
LP - LBO - GN
DOC between the captain and crew

Question 8

Wacker

Answer 8

chinese immigrants found on a lorry - 58 out of 60 died
civil law - NG as a joint venture doesn’t exist
COA - G duty exists in criminal law

Question 9

Dias

Answer 9

COA held there could be a duty between dealers and suppliers

Question 10

Evans

Answer 10

drug addicts mum and step sister failed to call emergency services - v died
LP - G DOC under the Miller principle

Question 11

Breach of Duty

Answer 11

test - reasonable competent person within that persons profession
adds a level of expertise and skills

Question 12

Bateman

Answer 12

home birth by a doctor that only took her to the hospital 5 days later - died
NG - wasn’t GN but standard practise
test - serious disregard of live and safety of others

Question 13

Andrews

Answer 13

broken down bus, on way killing a pedestrian
HOL - approved Bateman
Test - negligent to a very high degree

Question 14

Seymour

Answer 14

crushed woman between lorry and car

GN abolished and replaced with Caldwell recklessness - failed to see the risk but the RM would have seen it

Question 15

Adomako

Answer 15

eye operation - breathing tube disconnected, failed to notice
LP - G, abysmal - GN
HOL abolished CR and revived GN confirming B and A
Test - jury decide if the conduct so bad it equalled a crime

Question 16

Misra

Answer 16

infection not spotted by doctors

LP - G of GN as there was a risk of death

Question 17

AG Ref No2 1999

Answer 17

foresight isn’t required as long as the conduct is so bad it equals a crime

Question 18

Litchfield

Answer 18

captain crashed a ship killing crew

LP - G of GN as the conduct was so bad it equalled a crime and he foresaw his actions would affect the crew