Gross Negligence Manslaughter Flashcards
(6 cards)
1
Q
What is GNM defined under?
A
GNM tests were given in Adomako but restated in Broughton
2
Q
- Duty of care
A
Duty is owned to anyone closely or directly affected by acts or omission and new novel cases Caparo v Dickman will be used.
Can be pre existing duty (Robinson)
3
Q
- Breach of duty
A
Reasonable man test applies - D judged against reasonable man doing same activity.
R v Singh
4
Q
- Causation
A
5
Q
- Gross negligence
A
D’s act or omission must be grossly negligent. Case of Adomako states that it must be “so serious that it amounted to a criminal offence”
6
Q
- Risk of death
A
Clear and obvious risk of death - stated in R v Rose
An obvious risk is a present risk which is clear and unambiguous
