1B - Involuntary Manslaughter- Gross Negligence Manslaughter

Question 1

A1. What’s the leading case of GNM?

Answer 1

Adomako

An anaesthetist did not notice a disconnected tube from a patient who consequently had a heart attack

Question 2

A2. What is the definition of GNM?

Answer 2

D owes V a duty of care but breaches duty in negligent way, committed by an unlawful act or an omission

Question 3

B1. What is the first step of proving GNM?

Answer 3

That there is a duty of care

DOC has been held to exist for the purpose of criminal law

Singh

Question 4

B2. What cases show the assumption of DOC?

Answer 4

WACKER

D agreed to bring 60 immigrants, most died from suffocation, he declared their safety assuming duty of care

Question 5

C1. What is the second step of proving GNM?

Answer 5

There was a breach of duty of care that causes death - a negligent manner

Becker - V overdosed from prescribed medicine from D, he had not fallen below standard of care expected

Question 6

D1. What is the third step of proving GNM?

Answer 6

Negligence that the jury considers criminal, must be ‘gross’

Bateman - showed such disregard for life and safety that it deserved punishment

Misra - test involves consideration of the risk of actual death