o Contract (Pittwood), Dr and patient (Adomako), voluntary assumption of responsibility (Stone & Dobinson and Evans), special relationship (e.g. parent and child- Gibbins and Proctor) etc.
o For non-specific situations, use Donoghue v Stevenson: duty owed to people closely and directly affected D’s act that he ought reasonably have them in contemplation as being so affected
GNM - D breached duty & breach had risk of death (Misra)
o Breach of duty occurs by falling below the standard of care expected from a reasonably man, doctor,
mechanic, electrician, etc.
GNM - Breach actually caused death
causation principles may need to be applied if relevant
GNM - Conduct was gross (i.e. so bad it is criminal)
o Bateman: showing such disregard for the life and safety of others as to amount to a crime against the
state and conduct deserving of punishment
Note:
No MR as such for GNM – the essence of GNM is that D did not intent to kill. D is judged on their conduct, rather than state of mind, so it does not matter if D did not see risk of harm or death
For this reason, voluntary intoxication is no defence to GNM
