Criminal 2 - Involuntary Manslaughter - gross neg.

Question 1

What requirements are there to prove gross negligence involuntary manslaughter
?

Answer 1

1. Existence of a DoC
2. Breach of that DoC (act or omission)
3. Breach caused death (factual & legal)
   .
4. Obvious Risk of death (death, not injury/serious injury)
5. Serious enough for gross negligence (amounts to criminal act or omission)

• carbon monoxide poisoning ✅
• slumped drug user no help ✅

Question 2

What medical cases are there on gross negligence involuntary manslaughter?

Answer 2

• anaesthetist didn’t check oxygen tube - guilty
• Dr didn’t check on V, ignored advice from nurses and other doctors - guilty
• Junior doctors asked for help - not Grossly negligent
• Several tenants complained of Gas fires - maintenance man guilty

Question 3

What requirements are there to prove gross negligence manslaughter - what does risk of death mean?

Answer 3

Means risk of death not serious harm
- Optometrist missed check ❌