Define GNM
where D has failed in their duty to such an extent that its considered criminal and the V has died
what case establishes the elements of GNM
Adamako 1994 (recently reaffirmed in R v Broughton 2020)
5 steps of GNM?
- DoC must be established
- Doc must have been breached
- Breach must create risk of death
- Breach of duty must cause/make significant contribution to V’s death
- Negligence established must be considered ‘gross’ by jury
What did Lord Mackay say?
The ordinary principles of negligence should be established when determining the existence of DoC
In the case of (…..) the CoA established that…. and said courts should do what for the caparo test?
Robinson v CC of West Yorkshire
Caparo test only needs applying in new and novel cases.
courts should generally establish a duty by looking at existing duty situation & ones with clear analogy
A duty of care can be owed because..
- usual relationship (eg R v Singh: lanlord/tenant)
- arise through an omission (R v Evans)
(if through an omission) D owes a duty of care to V because….. it would have to prove that…
he has created a dangerous situation and failed to remedy it (R v Evans) ..
it would have to prove that he knew/should’ve known the dangerous situation has become life threatening
2 ways D can owe duty of care through an omission?
- created a dangerous situation and failed to remedy it
- voluntarily assumed responsibility
What did R v Evans held for voluntarily assumed responsibility?
a mere voluntary intervention may not itself be sufficient enough to form a duty of care, a combo of factors may need to be present
what factors need to be present in order for voluntarily assumed responsibility to form a DoC
- prior friendship between D & V
- D’s control of the environment where the incident occurred
- D’s prior involvement with V
