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Criminal Law - Invol

Involuntary Manslaughter: Gross Negligence Manslaughter

QuestionAnswer
Test for GNM (1) Duty (2) Breach (3) Risk of Death (4) Cause of death (5) In all circums, are d's actions bad enough to warrant crim liability (gross)
Bateman GNM: "such disregard for life and safety of others as to amount to a crime against the state and conduct deserving punishment"
Wacker Container found to have 58 immigrant bodies. driver owed a duty despite V's involvement in illegal plan + court found driver guilty due to extreme carelessness
Wood v Hodgson Babysitters hide ecstasy tablets in cigarette packet. Kid finds, eats, dies. Babysitter not guilty as not gross negligence
Misra & Srivastava Post operative care patient dies due to undiagnosed infection - jury deciding if gross part of test doesn't breach article 7 ECHR
How do you identify if a duty is owed? precedent from omissions scenarios (e.g. Evans: Creating dangerous situation)
Evans created dangerous situation so owed a duty (supplied heroin) - tells us to look for omissions scenarios for duties owed
Finlay Scout trip to snowden - not GNM
Adomako Outlined test for GNM - leading case: doctor failed to notice oxygen tube disconnect causing V to die
Created by: Oscar.G
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