R v Adomako 
- The defendant, a doctor, failed to notice that a respiratory tube had become disconnected from the patient during an operation
- The disconnection would have been obvious, and the patient died from cardiac arrest
- Did this satisfy the requirements for an offence of gross negligence manslaughter?
- Gross negligence manslaughter requires: a duty of care based on the tort of negligence; a breach which caused death and a breach which was serious enough to be a crime
- The doctor was under a duty to take reasonable care of the patient, which was clearly breached
- The jury is to decide whether the breach is serious enough, and so it was correct to uphold the conviction
Posted in Criminal Law Revision Notes.
This page was last updated on 24th December 2014