Gross Negligence Manslaughter Flashcards
(25 cards)
R v Broughton
D must owe V a duty of care, D must breach that duty, there must be a serious and obvious risk of death, the risk of death must be reasonably foreseeable, D’s breach must cause V’s death, and the breach must be grossly negligent
R v Robinson
D must owe a duty of care, which can be proven based on past precedents
R v Pittwood
Contractual duty
R v Gibbins and Proctor
Relationship duty
R v Stone and Dobinson
Assuming responsibility voluntarily duty
R v Dytham
Public office duty
R v Miller
Creating a dangerous situation duty
Blyth v Birmingham Waterworks
A breach of duty can be where D falls below the standard of care expected
Bolam
Professionals will be compared to other professionals
Mullin v Richards
A person of an age will be compared to someone of that age
Nettleship v Weston
Inexperience doesn’t affect the standard of care
Bolton v Stone/Miller v Jackson
The reasonable man will take less/more precautions against a small risk of harm
Paris v SBC
The reasonable man will take more care when the potential harm to C could be serious
Paris v SBC/Latimer v AEC
If taking precautions is cheap, quick and easy, the reasonable man will more likely take precautions
Watt v HCC
The reasonable man will take a risk if the potential benefit to be gained outweighs the risk
R v Rose
An obvious risk is a present risk which is clear and unambiguous
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
