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Flashcards in Gross negligence manslaughter Deck (7)
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1
Q

What is covered by the act of gross negligence manslaughter?

A
  1. Must have a duty of care
  2. Must be a breach of duty
  3. Must be a risk of death and it must cause death
  4. Mens rea
2
Q

What was established in the case of R V Adomako?

A

D was anaesthetist in charge during the latter part of an operation. Oxygen tube became disconnected which failed to notice for 6 mins, patient died.
Evidence he may not have been in the room.

  • Abolished reckless act manslaughter and defined the new common law offence of gross negligence manslaughter.
3
Q

What is meant by a duty of care?

A

You owe a duty of care to those who are closely and directly affected by your acts or omissions.

R V Wacker:

  • Smuggled 60 immigrants into UK in a lorry, 58 suffocated as he closed air vent.
  • Guilty of gross negligence and principle of ex turpi causa.
4
Q

Duty of care is based around omissions, what are the situations where you will always owe a duty of care?

A
  1. Special relationship
  2. Contractual duty
  3. Professional duty
  4. Creation of a dangerous situation
  5. Voluntarily accept responsibility
  6. Statutory
5
Q

What is meant by breach of duty?

A

Means when the defendant has fallen below the standard of care expected by the ordinary reasonable man.
Will be judged against person in a similar situation e.g. doctor against doctor.

R V Becker:

  • Died from overdosed of the painkillers the doctor prescribed.
  • Not guilty as he had not fallen below the standard of care expected and other doctors would have done the same in his situation.
6
Q

What is meant by risk of death and must cause death?

A

‘Circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death not merely injury.’ (Objective)

R V Singh:

  • Managed block of flats, tenant died due to carbon monoxide poisoning. Many other flats also unsafe.
  • Contractual duty of care and obvious and serious risk of death.
7
Q

What is the mens rea for gross negligence manslaughter ?

A

‘Showed such a disregard for the life and safety of others that they are deserving of punishment.’
- Established in R V Bateman.