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GNM - duty and breach - reasonable doctor would not have injected incorrect drug (Bateman) also would have dealt with a patient with a head injury.

Causation - Factual - but for

Legal - operating and substantial cause of the death (Smith). May have contributed significantly to the death by delaying treatment - will depend on expert evidence.

Risk death (Misra) - delay in treating a head injury. Doesn't appear the incorrect drug was the cause.

So grossly negligent it is a crime (Lord Mackay Adomako - 'so bad in all the circumstances'

State of mind - AG Ref No. 2 of 1999 - working long hours and doing best in difficult circumstances.

1st marks - discuss the unfairness and potential for inconsistency and circularity of objective test (Misra)

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Base offence - assault as above

Causation - Causal link? Died instantly from an 'unrelated' heart condition. Also told 'Seeing what had happened to her husband, Wilma also collapsed'

But for - she wouldn't have collapsed had she not seen her husband.

Legal - Causal link - medical. Seeing her husband potentally being shot is bound to be a significant contribution (Smith) to her death which is not de minimis (Pagett).

Break in chain - egg shell skull (Blaue)

Dangerousness - Defence argue Dawson, Carey.

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Base offence - assault. Definition - Fagan

Intention/subj recklessness (Venna)

Reckless in that he pointed a gun in a family home, with the risk other people would be present and would apprehend the application of force (ie shooting)

Vincent - didn't apprehend harm - no assault. Who he intended to assault. but in fact caused Monica to apprehend harm - transferred malice (Latimer)

Causation - White (But for) - she died from shock. Legal causation - causal link. Thin skull rule - Blaue.

Dangerousness - Church test, foresee physical harm (Dawson). Watson relied by P - elderly. Check he could see her and thereby knew it was dangerous to continue to point gun.

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UAM - DPP v Newbury

Deliberate and unlawful - push

Battery - definition - unlawful application of force (Collins v Wilcock)

Mens rea - intention or subjective recklessness (Venna)

Direct intention (Mohan) to apply force.

Lamb - AR + MR both present base offence.

Causation - Factual - But for (White)

Legal - De minimis (Pagett) and was the operating and substantial cause (Smith) of the death.

Break chain? Dr's negligence. Prosecution - Cheshire - medical negligence will only break the chain if extraordinary and unusual. Very tired and incorrect drug didn't lead to the death, but the internal bleeding may have been caused by the delay. Isn't gross negligence, just a consequence of being overworked.

Defence - Jordan -'palpably wrong treatment'. How distinguish Jordan? He had virtually healed in Jordan whereas in the instant case the injury is still operative.

Dangerousness - Church test - quote. Push some in kitchen with many hard surfaces, there is a risk of physical injury.

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Vincent woke up one night by the sound of breaking glass from the kitchen. He went downstairs, turned on the light, and saw a man (Derek) in his kitchen, who had clearly broken a window to gain entry. Hearing Vincent approach, Derek quickly picked up a shotgun he had found lying on the kitchen table and shouted: “Don’t come any nearer, or I’ll shoot”. Vincent continued to walk towards Derek as he knew

that he had left the gun unloaded when he had finished cleaning it earlier that evening.

Vincent’s 80-year old mother, Monica, and wife, Wilma, then arrived in the kitchen, as they too had been woken by the noise. When Monica saw what was happening, she collapsed on the floor. Vincent turned around to attend to his mother and Derek used this opportunity to push him away. Vincent lost his balance, fell, and hit his head against the cooker which rendered him unconscious, with dangerous internal bleeding. Seeing what had happened to her husband, Wilma also collapsed. Meanwhile, hearing the noise, a neighbour had called emergency services. Derek was arrested at the scene. Derek, Monica and Wilma were put in ambulances.

Monica died on the way to hospital and medical evidence confirms that she died as a result of a heart attack caused by the shock. Wilma was found to have already died

the moment she collapsed at the house, as a result of an unrelated and undiagnosed heart condition.

Vincent was taken to the hospital emergency department and left on a trolley, in the care of Dr Watson. Dr Watson had been coming to the end of a long and tiring nightshift, having already worked multiple night shifts over the previous few days. In what he later claimed was a ‘moment of madness’, Dr Watson administered some incorrect medication and was then called away to deal with another urgent patient. Dr Watson then forgot all about Vincent. By the time another member of staff discovered him, it was too late. Vincent died from the untreated internal bleeding.

Discuss Derek and Dr Watson’s liability for manslaughter

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Involuntary Manslaughter Unlawful Act Manslaughter Gross Negligence Manslaughter DPP v Newbury Adomako Duty of Care Gross Negligence and a crime Causation Intention Adomako Lord Mackay Egg Shell - AG Ref No. 2 1999 - R v DPP exp Jones - Rowley v DPP Factual Blaue Ordinary