100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Gross negligence manslaughter $4.61   Add to cart

Summary

Summary Gross negligence manslaughter

 16 views  0 purchase
  • Course
  • Institution

Summary of 2 pages for the course A2 Unit G153 - Criminal Law at OCR

Preview 1 out of 2  pages

  • July 3, 2024
  • 2
  • 2023/2024
  • Summary
avatar-seller
GROSS NEGLIGENCE MANSLAUGHTER:

Source – Common Law

Definition – Where the death is a result of grossly negligent act or omission on the part of the defendant

The basis of the offence is based on the case of Adomako

- During an operation, an oxygen pipe became disconnected and the patient died
- The anaesthetist appellant failed to notice or respond to obvious signs of disconnection

Element 1: Duty of care

 D must owe V a duty of care
 Same meaning as in civil law
 Explained by the case of Donoghue v Stevenson which gave us the ‘neighbour principle’
 ‘Neighbour’ is anyone so closely directed and affected by D’s act that D ought reasonably to have had them
in mind when carrying out act or omission
 GNM can be committed by and act or omission

Key Case: R v Singh

D, a landlord, was found guilty of GNM after his tenants died from a faulty gas fire in a rental property.

Key Case: R v Litchfield

D, the master of a contaminated sailing ship, breached his duty of care to V, causing the ship to aground off the
Cornish coast, killing 14 people.

Key Case: R v Evans

D, who obtained heroin for her 16-year-old sister, failed to call for medical help, leading to her conviction for General
Neglect of Medicine (GNM), following Miller's 1983 case.

Element 2: Breach of Duty

 There must be a breach of duty.
 An objective test is applied, based upon what a reasonable person would do in the defendant’s position at
the time of the breach
 An unqualified person is not to be judge at a lower standard than a qualified person. Therefore the lack of
skill will not be a defence if the conduct is deemed negligent (Nettleship v Weston)
 If they have a special skill.. they will be judged against the reasonably competent professional in the field
(Wilsher v Essex)
 D’s conduct must be less than that expected of a sober and reasonable person.

Case examples illustrating breaches… Singh, Litchfield, Wacker, Evans

Element 3: Causation

 Gross negligence manslaughter is a result crime
 Causation must be established
 Factual (but for test) and legal (de minimis operative cause, unbroken chain of causation and take the victim
as you find them e.t.c)

In the view of the jury, the circumstances of the breach were truly exceptionally bad and so reprehensible as to
justify the conclusion that it amounted to gross negligence and required criminal sanction – R v Misra…

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 jessica50. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $4.61. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

73918 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$4.61
  • (0)
  Add to cart