Gross Negligence Manslaughter Flashcards
1
Q
Which case says there are 4 parts to GNM
A
Adomako
2
Q
What are the 4 parts to GNM
A
- D must owe V duty of care
- D must breach this duty (involves risk of death)
- Ds breach must cause Vs death
- D must be grossly negligent (conduct is so bad it amounts to a crime)
3
Q
Contractual duty
A
Pittwood
4
Q
Public office
A
Dytham
5
Q
Relationship
A
Gibbons & Proctor
6
Q
Voluntary assumption of care
A
Stone & Dobinson
7
Q
Assumption of care must be significant and must willingly/actively take over
A
Evans
8
Q
Creating a dangerous situation
A
Miller
9
Q
Damage was RF, there was proximity and it’s fair, just and reasonable to impose a duty on D
A
Caparo
10
Q
No ex turpi causa for GNM
A
R v Wacker
11
Q
Breach - D fails to act as a reasonable person would
A
Blyth v BWW
12
Q
inexperience doesn’t count
A
Nettleship v Weston
13
Q
professionals
A
Bolam
14
Q
Holding themselves out as a pro
A
Wells v Cooper
15
Q
Age
A
Mullin v Richards
