Gross Negligence Manslaughter Flashcards
(8 cards)
1
Q
Definition
A
Has four stages that must be proved (Adomako)
2
Q
Stage one
A
The d must owe the v a duty of care. Foreseeable, proximity, and reasonable.
3
Q
Stage two
A
Has d breached the duty of care. Has d acted like a reasonable person
4
Q
Contractual duty omission
A
Pitwood
5
Q
Voluntary duty or special relationship omission
A
Gibbons and proctor
6
Q
Creating a dangerous situation omission
A
Miller
7
Q
Stage three
A
Did the breach of duty involve a risk of death (misra)
8
Q
Stage four
A
Is the breach of duty gross? So bad that it ought to be a crime and showed a total disregard for the safety of others (Bateman/ Adomako)
