Gross Negligence Manslaughter Flashcards
(9 cards)
1
Q
Leading case for GNM
A
R v adamako
2
Q
5 Elements for GNM
A
1) duty of care
2) breach of duty
3) risk of death
4) causation
5) grossness of negligence
3
Q
Donogue v Stevenson
A
Neighbour principle
4
Q
R v adamako (element 1)
A
Doctor and patient relationship
5
Q
Gibbins v proctor
A
Parent and child relationship
6
Q
R v miller
A
You owe a duty of care when creating a dangerous situation
7
Q
R v adamako (element 2)
A
Ds failure was grossly incompetent and breached his profesional duty
8
Q
Misra v srivastara
A
There must be a clear and serious risk of death. Not just risk of harm
9
Q
Test from adamako (element 5)
A
Would a jury consider the conduct so grossly negligent that it deserves criminal punishment?
