Gross negligence manslaughter Flashcards
What is the definition of gross negligence manslaughter
Where the D is grossly negligent in breach of a duty of care towards the V, and this results un the Vs death
What is the leading case for gross negligence manslaughter
Adamako
What is the definition of the test for gross negligence manslaughter
D owes a duty of care and breaches it in a very negligent way, causing the Vs death
What are the parts to gross negligence manslaughter
Duty of care, breach, causation, gross negligence and risk of death
What is duty of care established through in gross negligence manslaughter
The negligence rules of civil law
What is the definition of duty of care in gross negligence manslaughter
D owes a duty of care to anyone closely and directly affected by their act or omission
What case do we use for duty of care in gross negligence manslaughter
Adamako
What do the courts consider for breach of duty in gross negligence manslaughter
What the D was expected to do and whether they failed to do so/ did this to a poor standard
What case do you use for breach of duty in gross negligence manslaughter
Wacker
Who is the defendant judges against for breach of duty in gross negligence manslaughter
A reasonable man doing the same activity
What is taken into account for breach of duty in gross negligence manslaughter
If the defendant is a trainee or learner
What falls under causation for gross negligence manslaughter
Factual, legal and novus actus intervenus
What is the definition of gross for gross negligence
So bad in all circumstances as to amount in the jury’s judgement to a criminal act or omission
What case do you use for gross negligence
Adamako
What are the three cases that give definitions for risk of death in gross negligence manslaughter
Bateman, Misra and Srivastava, Rose
