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Gross negligence manslaughter
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Cards (6)
What is gross negligence manslaughter?
a
duty
of care that has been breached in a negligent way resulting in the
death
of the victim
Test 1?
duty
of care must be
owed
(
Becker
- Doc >
patient
)
(
donoghue
v
Stevenson
)
Test
2
?
breach of
duty
of
care
conduct falls
below
the standard of an
ordinary reasonable
person
jury decides
and it must be a serious enough
breach
(
adomako
)
Test 3?
caused the death of v
R
v
Wacker
Causation
factual /
legal
Test 4?
Risk of death?
R
v
Singh
the reasonable and
prudent
person must foresee obvious risk of
death
(
Misra
)
Test 5?
Gross negligence
Bateman
negligence went beyond
compensation
and showed
disregard
for the life and safety of another
