Gross Negligence Manslaughtef

Question 1

What case states how many stages are there

Answer 1

Adomako-4

Question 2

What is stage 1

Answer 2

The D must owe a duty of care
Foreseeable
Proximity
Reasonable

Question 3

What is the side rule for stage 1

Answer 3

Wacker- if the D and V are joint in a crime they owe eachother a duty of care

Question 4

What is Stage 2

Answer 4

Had the D breached a duty of care

Question 5

What is the key question

Answer 5

Had the D acted reasonable or have they failed

Question 6

What is the side rule for stage 2

Answer 6

Omissions
Contractual- pitwood
Voluntary- gibbons & proctor
Special relation- gibbons & proctor
Dangerous situation- miller

Question 7

What is stage 3

Answer 7

Did breach of duty involve a risk of dead (misra)
Deal with causation issues here

Question 8

What is stage 4

Answer 8

Is the breach of duty gross
Was it so bad it ought to be a crime
Did D show total disregard for life and safety of others (Bateman/ adomako)