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Involuntary manslaughter: gross negligence - Coggle Diagram
Involuntary manslaughter: gross negligence
V dies and D lacks the mens rea for murder
Requires negligence that results in death
R v Adomako
Duty of care
Caparo v Dickman
1) The damage is reasonably foreseeable
2) There is proximity between D and V
3) It is fair, just and reasonable to impose a duty
Breach of duty
Ds conduct will be judged
against the reasonable competent
person doing the same activity
Nettleship v Weston
Causation
Factual
R v White
But for Ds breach of duty would V have died?
Legal
Was Ds breach of duty more than
a minimal cause of Vs death?
Gross negligence
Having regard to the risk of death involved,
was Ds conduct so bad in all the
circumstances as to amount to a criminal act
or omission?
R v Andrews
Risk of death
Is there a risk to the life of the individual
whom Ds owes a duty of care to?