gross negligence masnlaughter Flashcards
(6 cards)
what is gross negligence manslaughter?
where D causes V’s death by breaching a duty of care towards V in a grossly negligent way.
1) there must be a what by the D to the V, also provide a case.
duty of care-Adomako, Donoghue v Stevenson.
2) What’s the second factor a breach of what which causes what.- provide a case. Does causation apply?
A breach of duty which causes death.-causation applies- factual and legal causation.-Broughton.
D’s conduct must also involve a _ risk of death at the time of the breach.
foreseeable risk.-Singh.
3)The negligence on the part of the defendant must be so what? Also provide a case.
so gross in the eyes of the jury as to be a criminal.-Sellu.-Truly exceptionally bad.
an omission is also enough provide a case?
PITWOOD.