gross negligence manslaughter Flashcards
(19 cards)
what is the leading case for GNM?
broughton
what 6 requirements does broughton set out?
-d must owe 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
-the breach must be grossly negligent
what case shows how duty is care is found?
Robinson
how does robinson say to find if there was a duty of care?
that if there was a similar case decided on in the past, it should be looked at to see if there was a duty of care in that case. if not robinson will be used
what case defines breach of duty?
Blyth v Birmingham Waterworks Co
what does Blyth define breach as?
not doing something the reasonable man would do or vice versa
what 2 things alter the standard of care?
-age - Mullin v Richards
-profession - Bolam v Friern Barnet HMC
what thing will not alter the standard of care?
-inexperience - Nettleship v Weston
what 4 risk factors are there?
-size of risk
-seriousness of potential harm
-practicability of potential harm
-benefits of taking risk
what is the case for size of risk?
Bolton v Stone
what is the case for seriousness of potential harm?
Paris v SBC
what is the case for practicability of precautions?
Latimer v AEC
what is the case for benefits of taking risk?
Watt
what case defines what a serious and obvious risk of death is?
R v Rose
what does Rose define serious and obvious risk of death as?
an obvious risk is a present risk which is clear and unambiguous
who will be considered for determining if something is reasonably foreseeable?
‘a reasonable person’, and d will not have to know that there is a serious and obvious risk, as long as a reasonable person would
what must causation prove?
that d’s breach of duty was the cause of v’s death
what case shows what it means to be grossly negligent?
Broughton
what does broughton define as grossly negligent?
it must be considered whether the circumstances of the breach were truly exceptionally bad as to require criminal sanction
-what did they do that was bad
-what did they do that was good
