Invol Manslaughter - GNM

Question 1

How is GNM different from UAM

Answer 1

UAM - can only occur through an unlawful ACT
GNM - can occur through an unlawful act or omission (negligence)

Question 2

Which case decided the liability for GNM

Answer 2

Adomako

Question 3

What is the liability for GNM as found in Adomako

Answer 3

Where the conduct of D was so bad in all circumstances as to amount in their judgement to a criminal act or omission

Question 4

How many stages are there in GNM

Answer 4

5

Question 5

What are the 5 stage in GNM

Answer 5

D must owe V a DOC
D must breach his DOC
Causing V to die as a result
Of something with a reasonably foreseeable risk of death
Ds negligence must be gross and amount to criminal negligence

Question 6

What is meant by the first stage of GNM where D must owe V a DOC

Answer 6

Generaly there is no duty to act or DOC but in some there are: Duty to limit accidental harm (miller), duty arising from contract (Pitwood)…

Question 7

Which case shows once assumption of care is taken then that duty stands - Neice failing to care for elderly aunt

Answer 7

Instan

Question 8

Which case showed that D has a duty of care due to his job - anaesthetist

Answer 8

Adomako

Question 9

Which case showed that the DOC laws could change easily within the next few years - drug dealers owing a DOC to consumers?

Answer 9

Khan and Khan

Question 10

Which case shows the raised standard of care for a landlord

Answer 10

Singh

Question 11

Which case showed assumption of responsibility when Vs safety relies upon D - transporting illegal immigrants

Answer 11

Wacker

Question 12

Which case shows that a DOCs existence is relevant to each case and is up to the jury -involved D hierd a TP to burn his pub down

Answer 12

Willoughby

Question 13

What is the second stage of GNM

Answer 13

The D must have breached his duty of care

Question 14

What is meant by D having breached his duty of care

Answer 14

When D fails to meet the standard expected of the reasonable man

Question 15

Which case showed that D fell below the standard of the reasonable man and breach their duty of care - couple neglected sister

Answer 15

Stone and Dobinson

Question 16

Which case showed the raised standard of care for a Landlord

Answer 16

Singh

Question 17

What is the third stage of GNM

Answer 17

Causing V to die as a result

Question 18

What is meant by ‘Causing V to die as a result’ as the third stage of GNM

Answer 18

It must be proved that Ds negligence was the cause of Vs death, and that D exercised proper care the death would not have occurred

Question 19

Which case showed that but for the Ds failure to hold the reins of the horse the child still would have died = not caused death

Answer 19

Dalloway

Question 20

Which case showed that uncertainties of causation are likely to go in Ds favour and involved a drug death bf filming dying gf

Answer 20

Broughton

Question 21

What is the fourth stage of GNM

Answer 21

Of something with a reasonably foreseeable risk of death

Question 22

What is meant by ‘Of something with a reasonably foreseeable risk of death’

Answer 22

The level of negligence required if more than ordinary civil negligence and there must be an obvious risk of death to the reasonable man

Question 23

Which case showed that the first establishment for GNM is ‘disregard for life and safety of others’ and involved V dying 5 days after childbirth

Answer 23

Bateman

Question 24

Which case showed the development of GNM conviction to ‘a very high degree of negligence’ and involved careless driving on the wrong side of the road

Answer 24

Andrews v DPP

Question 25

Which case showed that for a GNM conviction the courts were unsure which ratio to use from Bateman or Andrews v DPP

Answer 25

Adomako

Question 26

Which case came up with the modern establishment for GNM for reasonable risk of death

Answer 26

Singh

Question 27

What is the modern establishment for GNM for reasonable risk of death

Answer 27

Where the reasonable person would have foreseen a serious and obvious risk not merely not injury, even serious injury, but of death

Question 28

What is the last stage of GNM

Answer 28

The Ds negligence must be gross to amount to criminal negligence

Question 29

What is it meant by 'The Ds negligence must be gross to amount to criminal negligence'

Answer 29

Defined by common law Where the actions/ omission is bad enough to be labelled as 'gross'

Question 30

Which case showed the jury were not satisfied that D had enough disregard for life after a scout boy fell to his death on Snowdon due to negligent leader

Answer 30

Finlay

Question 31

Which case shows Ds were criminal negligent but recieved no punishment as seeing your child die in front of them was enough punishment

Answer 31

Edwards

Question 32

Which case showed that the test for GNM involved consideration of risk of death where doctors failed to treat post-op infection

Answer 32

Misra and Srivastava

Question 33

Which case showed that the test for GNM involved consideration of risk of death where there was a risk of death from faulty tyre

Answer 33

Yaqoob

Question 34

Which case showed the GNM required a very high degree of negligence and involved the jury not being given any direction

Answer 34

Sellu

Question 35

Which case showed that the jury were correctly directed compared to Sellu

Answer 35

Bawa Garba