Gross negligence manslaughter Flashcards Preview

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Flashcards in Gross negligence manslaughter Deck (14)
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1
Q

What does GNM include?

A
  • Lawful acts that lead to death

- Omissions that lead to death

2
Q

Adomako 1994 (leading case)

A
  • Anaesthetist present for eye op and the oxygen tube disconnected and he did not notice
  • He was grossly negligent as another competent anaesthetist would have noticed it
  • He had a duty of care to V
  • Appeal dismissed
  • Created the Adomako test
3
Q

What are the 3 elements of the Adomako test?

A

1- Did D owe a duty of care to V
2- Did D breach this duty
3- Did the breach cause the death

4
Q

What are some examples of recognised duties of care?

A
  • Parent/child
  • Driver/pedestrian
  • Doctor/patient
  • Landlord tenant
5
Q

R v Evans 2009

A
  • D gave 1/3 sister bags of heroin, sister became ill and D and mum didn’t seek medical treatment
  • Jury have to decide on the existence of duty of care and they decided in this case there was one
  • It was found that a duty would arise when a person has contributed to a life threatening state of affairs
6
Q

R v Kennedy 2007

A
  • Different approach to causation than that in unlawful act manslaughter as chain would not necessarily be broken in GNM if she injects herself yet it would be in UAM
7
Q

Wacker 2003

A
  • Lorry driver transported illegal immigrants with closed ventilation and killed them all
  • Claimed he didn’t owe duty of care because it was joint enterprise
  • COA said in this circumstance he still had a duty of care because the criminal law exists to protect the vulnerable
8
Q

What would suffice a breach of duty?

A
  • In breach where you fail to do what a reasonably competent person would have done’
9
Q

How do you determine if the breach caused the death?

A
  • Causation
10
Q

What is gross negligence?

A
  • So bad as to be grossly negligent, whether having regard to the risk of death involved, the conduct of the D was so bad in all the circumstances to amount to a criminal act or omission.
11
Q

Jackie simpson 2007

A
  • Cleared of dog attack on granddaughter because the jury decided the breach of duty was not so bad in all the circumstances.
12
Q

Micheal Hubble

A
  • Ferry officer who ignored a yachtsman causing to run into him and cause death was cleared because the jury decided the breach of duty was not so bad in all the circumstances.
13
Q

Gary Cook

A
  • Allowed 7 year old to ride quad bike on public highway and she crashed
  • He pleaded guilty to murder which was unusual because of the other cases showed he would have probably got manslaughter
14
Q

R v Mirsa 2004

A
  • Challenged Adomako test claiming it was incompatible with human rights
  • D carried out ward duties and allowed an infection to develop on a man which was below the standard expected
  • Article 7 ECHR says that something would not constitute a criminal offence if it was not done at the time committed.
  • He said the jury should have decided whether his act was a criminal offence
  • COA said that law cannot always be 100% so conviction was upheld