Gross Negligence Manslaughter

Question 1

What does r v broughton set out

Answer 1

1. D must owe v a duty of care
2. D must breach that duty of care
3. There must be a serious and obvious risk of death
4. The risk of death must be reasonably foreseeable
5. Ds breach must cause vs death
6. The breach must be grossly negligent

Question 2

Name all the duty of care cases

Answer 2

Contractual- R v pittwood
Relationship- R v gibbons and proctor
Public office- R v dythem
Creating dangerous situations- dpp v Santana burmedez
Voluntary assumption of responsibility- R v stone and dobinson

Question 3

Blyth v Birmingham waterworks

Answer 3

Breach of duty is defined as something a reasonable man wouldn’t do or not something a reasonable man would do

Question 4

Bolam

Answer 4

Being a professional will increase the standard of care

Question 5

Mullins v Richards

Answer 5

Age will lower the standard of care

Question 6

Nettleship v Weston

Answer 6

Inexperience doesn’t effect the standard of care

Question 7

Miller v Jackson

Answer 7

Size of risk

Question 8

Watt v hcc

Answer 8

Benefit over risk

Question 9

Latimer v AEC

Answer 9

Practicality of precautions

Question 10

Paris v sbc

Answer 10

Seriousness of risk

Question 11

R v rose

Answer 11

Serious and obvious risk, which was reasonably foreseeable to a reasonable person

Question 12

R v broughton set out for gross negligence

Answer 12

1.What has D done that’s bad
2. What has d done that wasn’t bad