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Involuntary Manslaughter - Gross negligence Manslaughter
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Involuntary Manslaughter - Gross negligence Manslaughter
Definition: The death is a result of a grossly negligent act or omission on the part of the defendant.
- 4 Factors from the test of Adomako-this establishes duty
- The existence of a duty of care to the deceased:
- It needs foreseeability, proximity, fairness, justice and reasonableness (Donohue V Stevenson)
- The duty can arise from a contract of employment (R V Pitwood)
- The duty can exist if the deceased and the D were engaged in an unlawful activity together (R V Waker)
- The risk must be serious and an obvious risk of death, not merely a serious injury (R V Mirsa)
- The existence of a duty of care to the deceased:
- This must be passed to form a breach
- The objective part is would a reasonable person do the same if he was in D's position?
- As it is objective, it doesn't matter if the D did not appreciate the risk.. (AG Ref No 2 of 1999)
- The 4 factors from breach will apply
- Size of risk (Bolton V Stone)
- Appropriate precautions (Latimer V AEC)
- Special characteristics (Paris V Stephny)
- Public benefit (Day V High Performance Sport)
- The breach must cause the death so normal causation applies.
- Factual causation-tested for by the but for test (Pagette)
- Legal causation-tested for by the operating and substantial test (Cato)
- The breach must be gross
- The jury will decide if the D has showed such a disregard for life of others
- The objective part is would a reasonable person do the same if he was in D's position?
- 4 Factors from the test of Adomako-this establishes duty
Summary
- This is an indictable offence at tailed at the crown court. There is a minimum sentence of 5 years.
Informações
- Descrição
- Mind Map on Involuntary Manslaughter - Gross negligence Manslaughter, created by Jessica Simpson-Yhearm on 17/12/2018.
- Criado por
- Jessica Simpson-Yhearm · dez 2018
- Atualizado
- 21 dez 2018
- Visualizações
- 17
- Avaliação