Gross Negligence Manslaughter (1) Duty (Caparo v Dickman - , Pittwood -…
Gross Negligence Manslaughter
Caparo v Dickman
Contractual Duty to Act.
Negligently failed to close the level crossing gate and as a result, a man was killed. Liable for manslaughter.
Gibbins & Proctor
Starved child. Liable for murder.
Stone & Dobinson
Allowed sister to live with them, they were aware she had an eating disorder and should have sought medical help. Liable for manslaughter.
Set fire to mattress and did not make any effort to stop it.
Nettleship v Weston
. D was learning to drive. During a lesson Weston panicked and failed to straighten the wheel - she mounted the pavement and hit a lamp post (too late for Mr Nettleship to straighten the wheel). He fractured his knee; she argued that the standard of care should be lowered for learner drivers. Won.
Bolam v Friern Hospital Management Committee
. Patient was receiving ECT and doctor did not give any relaxant drugs due to risk of death. Acquitted.
"A man is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion who would take a contrary view."
Blyth v Birmingham Waterworks
. Blyth had installed water hydrants along the street. One burst, which caused water damage to a house. Lost as it was an accident and he took all reasonable steps.
Mullin v Richards
. 15yr old had plastic sword fight with friend; some plastic snapped off and landed in friend's eye. Lost as he was not negligent.
3) Obvious risk of death
- D managed a block of flats where one of the tenants died of carbon monoxide poisoning. Had been previous complaints. Convicted of GNM.
- 2 doctors failed to notice infection, despite obvious symptoms. Patient died. Convicted of GNM.
4) Caused death
- Poison's mothers drink, but she died of a heart attack. Liable for attempted murder.
- Used GF as a human shield from police. Liable for murder as made
to her death.
- Shot V in stomach, but D died due to medical complications. Liable for murder as cause of death were connected to original injuries.
5) Grossly negligent
- Convicted of GNM after his treatment of a woman during childbirth, which killed both the child and mother.
Andrews v DPP
van above speed limit and overtook another car, killing a pedestrian. Convicted of GNM.
- Failed to spot issue with anaesthetic during eye-surgery. The patient died. Convicted of GNM.
Principles are set out in
6) No need to prove MR
AG’s Ref No 2 of 1999
- Driving a train that crashed and killed 7 people. He had no competent person with him, nor noticed the 2 yellow signs telling him to slow down. But no evidence of guilt.