Summary
Summary Gross negligence manslaughter - Criminal law
- Course
- Institution
Summary of gross negligence manslaughter for OCR, written by an A* student
[Show more]
Seller
Follow
scarlettbuckle
Reviews received
Content preview
Unlike UAM, GNM can be an omission and doesn’t need to be an act. D doesn’thave to be engaged in a criminal act when they kill someone (Holloway). The
case of Adomako sets out the 4 rules: D owed V a duty of care, D breached the
duty of care, D’s breach caused death, D’s conduct was so bad that the jury
considered it criminal.
D must owe V a duty of care - Adomako shows doctor and patient, Singh
shows landlord to tenant, Holloway shows workers duty to customer, Wacker
shows driver and passenger, Litchfield/Pitwood shows a contract duty to act.
Stone and Dobinson says that there is a voluntary assumption of care. Evans is
when a dangerous situation was created which risked V - suggests a prior
relationship may be a necessary factor, control of the environment and some
prior involvement. Gibbins and Proctor is parent to child. If there is no
existing precedent, apply Donoghue v Stevenson - “a duty is owed to people
so closely and directly affected by my act that I ought reasonably have them in
contemplation as being so affected.”
Wacker - the fact that D and V are both parties to an illegal act is not relevant.
Breached duty of care - D breached the duty of care by act or omission and the
breach had a risk of death (Misra). The test for a breach is a reasonable man
test: D has breached their duty if their act/omission falls below the standard
of the reasonably competent person. Misra - Court of appeal confirmed there
must be a risk of death through D’s breach.
D’s breach caused death - causation rules and cases apply.
D’s conduct was so bad… - Andrews; a very high degree of negligence.
Bateman; showing such disregard for the life and safety of others as to
amount to a crime.
Finish off writing context
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller scarlettbuckle. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.56. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75759 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now