gross negligence manslaughter Flashcards
what is the basis of gnm
when a person kills through their act or omission
what case set out gnm
adomako
what are the ar elements of gnm
- D owed an existing duty of care to V
- D negligently breached that duty of care
- At the time of the breach there was a serious and obvious risk of death.
- It was reasonably foreseeable at the time of the breach of the duty that the breach gave rise to a serious and obvious risk of death.
- The breach of the duty caused or made a significant contribution to the death of the victim
what the possible mr element of gnm
In the view of the jury, the circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanction.
what case reformed gnm
r v broughton
what happened in the case of broughton
d gave his gf drugs at a festival
she had a bad reaction and d didn’t help
quashed on appeal as there was no proof on weather d helping would have stopped v dying
how do you determine weather you have a duty of care
by looking at the principles of civil law
donough v stevenson
what is the principal used to determine weather you have a duty of care
neibour principal
what’s a breach of duty of care
when d falls below the standard of a reasonable person
what kind of test is used to see if someone is a reasonable person
objective test
what is a reasonable person + case
someone who completes a task competently
wells v cooper
what is a SERIOUS risk of death
more than minimal or remote
what is there’s a serious risk of serious injury
it’s not enough mu at be death
watch is an OBVIOUS risk of death
present clear and unambiguous
what is reasonable foresight
must be reasonably foreseeable that d conduct leads to a risk of death
