Law- Gross Negligence Manslaughter

• What are the four elements?

  1. duty of care
  2. breaches the duty
  3. causes victims death
  4. actions were grossly negligent
• What case established Gross Negligence Manslaughter?


  R v Adomako
• How is a duty of care established?

  Caparo three part test
• When does the Caparo test not have to be used?

  Robinson- if there has already been a previous similar case
• What does R v Adomako show?

  medical professions owe a duty
• R V Gibbons and Proctor?


  duty due to relationship
• R v Willoughby? 


  Can arise due to combo of factors
• What are the 2 ways to prove duty has been breached?

  1. doing something a reasonable man would not do
  2. failing to do something a reasonable man would have done
• What case shows a breach of duty?

  Blyth v Birmingham waterworks
• How to prove breach caused death?

  CAUSATION
• R V Evans?


  V suffered overdoes, didn't contact emergency service

  guilty
• R v Rudling?


  Doctor didn't see patient immediately

  not guilty- at time didn't think it was life threatening and need to leave room for human error
• What is the Misra test to prove actions were grossly negligent?

  reasonably foreseeable it would cause death

  so far below the standard
• R V Miller?

  Duty set in place by motion of events
• R V Pitwood

  contractual duty
• R V Gibbons and Proctor

  duty due to relationship/ voluntary exceptions
• R V Dytham

  duty due to official position