fatal offences: gross negligence manslaughter

Question 1

what is GNM?

Answer 1

when a person dies due to the negligence of another, and the degree of negligence by the D is sufficiently serious to make them criminally liable for the death

Question 2

what provides the legal test for GNM?

Answer 2

Adomako

Question 3

what is the legal test for GNM?

Answer 3

• D owed the V a duty of care
• D breached that duty of care
• D’s conduct had a foreseeable risk of harm to those around them
• the gross negligence was the cause of the V’s death
• the breach was gross negligence

Question 4

explain: duty of care

Answer 4

• definition: a person has a legal duty of care to act reasonably to avoid causing injury (Wacker)
• D will be liable if there is an omission

Question 5

give examples of duty of care

Answer 5

• take reasonable steps to remedy a dangerous situation created (Miller)
• voluntary taking of duty of care (Stone and Dobinson)
• duty of care due to a special relationship (Gibbons and Proctor)
• contractual duty of care (Pitwood)
• public duty (Dytham)
• doctor and patient (Adomako)
• property owner and tenant (Singh)
• employer and employee (Dean)
• drug related cases if the V takes drugs themselves (Evans)

Question 6

explain: breach of duty of care

Answer 6

• occurs when the D has fallen below the standard of care expected of the ordinary ‘reasonable person’ in that position (Adomako)
• breach must also be serious

Question 7

explain: reasonable foresight

Answer 7

when breaching the duty of care, the D’s conduct must pose a reasonably foreseeable serious and obvious risk of death (Rose)

Question 8

explain: causation

Answer 8

the usual rules of causation apply to GNM (Singh)

Question 9

explain: gross negligence

Answer 9

• for criminal liability, the negligence has to be gross and go beyond a mere matter of compensation between the parties, thus justifying a criminal conviction (Adomako)
• it must also be so flagrant (obvious) and atrocious (appalling) that it would consequently amount to a crime (Cornish)
• it is for the jury to decide, under the guidance of the judge, as to whether the breach is grossly negligent (Sellu)
• the jury deciding whether the breach is sufficient to be criminal does not breach a D’s right to a fair trial (Article) nor their right to a private and family life (Article 7) - Misra