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Questions and Answers
In the context of gross negligence manslaughter, what standard of care is breached?
In the context of gross negligence manslaughter, what standard of care is breached?
- The standard of care expected of a highly skilled professional.
- The standard of care a reasonable person would exercise. (correct)
- The standard of care the defendant believes is appropriate.
- The standard of care that meets statutory requirements.
What is the significance of the Bateman test in determining gross negligence manslaughter?
What is the significance of the Bateman test in determining gross negligence manslaughter?
- It lowers the threshold for negligence required for a manslaughter conviction.
- It ensures that the negligence is so severe that it warrants criminal punishment. (correct)
- It establishes a stricter liability for defendants in manslaughter cases.
- It focuses on whether the defendant intended to cause harm.
In establishing duty of care, the 'neighbour principle' is commonly associated with which legal case?
In establishing duty of care, the 'neighbour principle' is commonly associated with which legal case?
- *Donoghue v Stevenson (Lord Atkin)* (correct)
- *Bateman*
- *Church*
- *Stone and Dobinson*
For an act to be considered unlawful act manslaughter, what level of 'wrong' is required?
For an act to be considered unlawful act manslaughter, what level of 'wrong' is required?
In the context of unlawful act manslaughter, when assessing if an act is dangerous, from whose perspective is the objective test applied?
In the context of unlawful act manslaughter, when assessing if an act is dangerous, from whose perspective is the objective test applied?
In cases of gross negligence manslaughter, what must the circumstances be such that a reasonable person would have foreseen?
In cases of gross negligence manslaughter, what must the circumstances be such that a reasonable person would have foreseen?
What role does causation play in determining both gross negligence manslaughter and unlawful act manslaughter?
What role does causation play in determining both gross negligence manslaughter and unlawful act manslaughter?
In unlawful act manslaughter, if the unlawful act requires mens rea, what level of mens rea is required?
In unlawful act manslaughter, if the unlawful act requires mens rea, what level of mens rea is required?
In the context of gross negligence manslaughter, how does 'gross' negligence differ from ordinary negligence?
In the context of gross negligence manslaughter, how does 'gross' negligence differ from ordinary negligence?
In the context of gross negligence manslaughter, can an omission form the basis of the act of gross negligence?
In the context of gross negligence manslaughter, can an omission form the basis of the act of gross negligence?
Flashcards
Duty of Care
Duty of Care
A duty of care exists between the defendant (D) and the victim (V), based on the neighbour principle.
Breach of Duty
Breach of Duty
The defendant's action or omission must fall below the standard of a reasonable person.
Causation
Causation
The breach must have caused the victim's death, following the normal rules of causation.
Risk of Death
Risk of Death
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Gross Breach
Gross Breach
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Unlawful Act
Unlawful Act
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Unlawful Act + Mens Rea
Unlawful Act + Mens Rea
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Dangerous Act
Dangerous Act
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Foreseeable Risk
Foreseeable Risk
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Causation of Death
Causation of Death
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Study Notes
- Gross Negligence Manslaughter involves 5 tests
Duty of Care
- It must exist between the Defendant and Victim (Stone and Dobinson)
- Follows the Neighbour principle (Lord Atkin)
Breach of Duty
- Involves a failure to meet the standard of a reasonable man
- Can include an act or an omission
Causation
- The breach must have caused the victim's death
- Subject to normal rules of causation
Risk of Death
- The breach must involve a risk of death
- Affirmed in Misra and Srivastava
- Objective test is applied
- Circumstances suggest a reasonable person would foresee a serious and obvious risk, not merely of injury/serious injury, but of death.
Gross Negligence Considered Criminal
- The breach must be gross, so as to be considered criminal by the jury
- Established in Bateman
- Negligence must be gross and go beyond a mere matter of compensation between parties
Unlawful Act Manslaughter
- The act that results in a killing must stem from an act rather than an omission
- Death by omission requires consideration of murder or Gross Negligence Manslaughter
- The act must be unlawful
- Civil wrong is not enough; Church case
- Suspect must do an unlawful act with necessary Mens Rea (MR)
Dangerous Act
- The act must be dangerous based on an objective test (Church)
Causation of Death
- The act must cause death
- Normal rules of causation apply
- Must have MR for unlawful act
Foreseeability of Risk
- Dangerous if a reasonable person in the defendant's position would have foreseen the risk of some physical harm (objective test)
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