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Gross Negligence Manslaughter - Coggle Diagram
Gross Negligence Manslaughter
Broughton ruling
The defendant must owe a duty of care to the victim.
established through common law tests, contractual duty of care will be applied
the Def is under a duty of contract to provide a certain level of care to the V
Adomako
2. The defendant must breach that duty of care.
the D has done something wrong, and the standard of care falls below what it should be
Evans
3. At the time of the breach there must be a serious and obvious risk of death
Rose
4. It must be reasonably foreseeable at that time that the breach gives rise to a serious and obvious risk of death
if the issue is not foreseeable then the result cannot be safeguarded against
Kuddus
5. The breach must cause or significantly contribute to the death of the victim
6. The jury must consider that the breach justifies criminal sanction
Wacker
Causation
but for test
white
De minimis
Kimsey