Gross Negligence Manslaughter Flashcards
1
Q
R v Adomako 1994
A
D was anaesthetist during an operation, during later part oxygen tube became detachedm, D failed to notice and V died
2
Q
HoL defintion of GNM in R v Adomako
A
- Duty of care exists
- Breach of Duty
- Gross negligence considered criminal by Jury
3
Q
R v Broughton 5 Elements
A
- D owed a exsisting duty to V
- D negligently breached the duty
- Serious and obvious risk of death
- Breach caused or was a significatn contribution to death
- Jury belived it amounts to gross neglignce
4
Q
From what test is the Duty of Care derived
A
Comes from Caparo v Dickman 3-stage test
5
Q
R v Evans
A
Evans purchased heroin and gave it to his half-sister who later took it.
Evans recognisde symptoms of an overdose but did not call for assistance - she died
Jury found duty owed and convicted of GNM
