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Gross Negligence Manslaughter - Coggle Diagram
Gross Negligence Manslaughter
Involuntary Manslaughter
Actus Reus of murder, but no Mens Rea
Sentence at the discretion of the judge
Leading Case -
Adomako
, recently confirmed by
Broughton
Duty + Breach
Doctor/Patient
Adomako
Creating Dangerous Situations
Miller
Jury will consider whether defendants act or omission breached the duty
Ordinary principles of civil law of negligence
Evans
Causation
Broughton
Breach must have caused, or was a significant contribution to death
Serious rise of death
More than minimal or remote -
Broughton
Must be reasonably foreseeable
Objective test
Gross Negligence
Test for jury
Adomako
- Such disregard to the life and safety of other
Act or omission so bad as to become criminal -
Mirsa