Economics 3366A/B Study Guide - Quiz Guide: Optometry, Common Law Offence, Homicide
8 Oct 2020
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D noticed symptoms of overdose but did not call medical attention. D convicted (similar to miller case) duty arose where d created or contributed to creation of dangerous state of affairs which d knew or ought reasonably to have known had become life threatening. Obvious and serious risk of death: rose (2017, d, an optometrist, failed to carry out an eye test properly on v. v died 5 months later. If the test had been carried out correctly, the results would have revealed the reasonable foreseeability of an obvious and serious risk of death (still no objective foresight). Reckless manslaughter requires: d causes v"s death by act or omission, d has subjective recklessness in relation to causing death or gbh. Rarely prosecuted (lidar (2000)) because most cases fall within unlawful act or gross negligence manslaughter (exists as a backup in some limited cases)
