Gross negligence manslaughter

• duty of care 


  Mackay- 'ordinary principles of negligence apply'
• 3 stage test 


  1. Proximity of relationship

  2. Reasonable foreseeability of harm

  3. Being fair just and reasonable to impose a duty of care
• 3 stage test case

  Caparo v dickman
• immigrants in van, vent closed for longer than planned, 58/60 died


  R v Wacker
• Jury decide duty of care, not a fact of law 


  R v Khan and Khan
• D owned pub with debt, enlisted V to set fire. Explosion occurred and V died 


  R v Willoughby
• duty of care is a judicial function 


  R v Evans
• risk of death 


  R v mistra (obvious infection missed)
• breach of duty (reasonable man)


  Blyth v Birmingham waterworks
• professional- standard falls below a competent body of that profession


  Bolam test (Bolam v NHS trust)
• child- standard falls below expected for a child 


  Mullins v Richard
• inexperienced- held to same standard as experienced 


  Nettleship v Weston
• fault element (disregard for life and safety of others)


  R v Bateman
• fault element (high degree of negligence)


  R v adamoko
• objective recklessness 


  R v Lichfield
• supplying illegal drugs is gnm even if self administered


  R v Dias
• subjective recklessness 


  R v Lidar