Summary
Summary Gross negligence manslaughter
- Module
- A2 Unit G153 - Criminal Law
- Institution
- OCR
Summary of 2 pages for the course A2 Unit G153 - Criminal Law at OCR
[Show more]
Seller
Follow
Content preview
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
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 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 jessica50. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.56. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now