Seminar 13 - - Criminal - Jake by Claire Turner https://padlet.com/claire43/y4hlsl8xkxw9 en-us 2016-11-22 15:04:55 UTC 2025-10-07 06:55:16 UTC hello@padlet.com Jake had rented a flat above a takeaway shop with his girlfriend Karen and their new baby, Chrissie. The flat was constantly noisy because of the customers who stood outside talking while waiting for their food. Jake had complained to the owner of the building, Ted, who also ran the takeaway, but Ted said he could do nothing about the noise and Jake would have to “live with it”. Both Karen and Jake were often tired because of the noise and from being disturbed by Chrissie’s frequent waking.One night, Jake got up to feed Chrissie. Tired and wanting to go back to bed, he decided to use water from the tap to make up Chrissie’s milk, rather than boiling the kettle and letting the boiled water cool as the health visitor had told them.The next day, Chrissie became very ill with a gastrointestinal condition and died as a result. claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/434004584 2020-01-21 14:32:04 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/434004584 Consumed by grief, Jake decided to try and address the noise issue himself. He constructed a huge ply-wood sign requesting customers be quieter when queuing and propped it up outside the takeaway. Unfortunately, the sign wasn’t well secured and, when a gust of wind blew, it flew up and hit a customer, Daniel, on the head.Ted came out of the shop to see what had happened, spotted Jake at the flat window and ordered him to come downstairs to explain his actions. Karen said she would go and calm Ted down, but when she reached for the light switch in the staircase she was electrocuted and died immediately. It was discovered later that the electrical wiring was faulty and Jake had asked Ted to call an electrician but Ted had refused.As a result of his head injury Daniel fell unconscious and was rushed to hospital.The hospital was very busy that day and Daniel was left for some time in a corridor awaiting treatment. When the doctor came back to check on him he was found to have died as a result of a blood clot on his brain.Consider Jake and Ted’s criminal liability if any, for involuntary manslaughter. claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/434006519 2020-01-21 14:34:59 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/434006519 Link to Prezi on involuntary manslaughter claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/2439031900 2023-01-10 09:42:00 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/2439031900 Dr Bawa-Garba claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/2439035410 2023-01-10 09:44:49 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/2439035410 claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/2440701179 Adomako
1) Duty of care - Parent/child - omission? No - Gibbens & Procter; dangerous situation (Miller)

2) Breach - reasonable parent would have followed the health visitor's advice. 

3) Causation - But for (White) - expert medical evidence. Legal - Smith - operating and substantial cause death, Pagett; Kimsey. 

4) Risk of death - Misra; High risk (Brown; etc)

5) Gross neg - Lord Mackay - 'so bad'. State of mind (AG Ref No. 2 1999) ]]> 2023-01-11 11:49:43 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/2440701179 claire43 https://padlet.com/claire43/y4hlsl8xkxw9/wish/2440708415 1) Duty of care - foreseeability harm, Daniel foreseeable victim
2) Breach? - reasonable person would have made sure the sign was secured. Omission? No - dangerous situation (Miller). 
3) Causation - But for (White) Legal - Medical negligence - Cheshire - Extraordinary  Jordan - palpably wrong treatment Smith 
4) Risk of death 
5) Gross negligence ]]> 2023-01-11 11:57:04 UTC https://padlet.com/claire43/y4hlsl8xkxw9/wish/2440708415