Fatal Offences: Gross Negligenct Manslaughter

Question 1

What is Gross Negligent Manslaughter?

Answer 1

Where the D has killed the V but lacks the malice aforethought for murder or the MR for UAM

Question 2

Which case re-confirmed the test for GNM?

Answer 2

Broughton

Question 3

What is the test for GNM?

Answer 3

D owed a DOC to v
D breached duty
It is reasonably foreseeable that at the time of the breach, would give rise to a serious and obvious risk of death
Breach caused D’s death
Act is GN

Question 4

What happened in Broughton?

Answer 4

Failed to obtain medical assisstance
Couldn’t be proven V would have lived if he called for help

Question 5

Explan DOC

Answer 5

D owes DOC towards V

Question 6

What is the neighbour principle?

Answer 6

Person is so closelelt and directly affected by act, ought to have reasonably contemplated them

Question 7

What are the already established DOCs?

Answer 7

Contract (Pittwood)
Public Office (Dytham)
Relationship (Gibbons v Proctor)
Voluntary (Stone and Dobinson)
Limit harm caused (Miller)

Question 8

Explain BOD

Answer 8

Objective test
Must be a BOD according to the standards of the ordinary reasonable man with the same level of skill and expertise

Question 9

What happened in Rose?

Answer 9

Mere possibility of something life-threatening is not the same as obvioud risk of death

Question 10

Explain Causation

Answer 10

CIF - ‘But for’ (White)
CIL - MMA (Pagett)
NAI
Eggshell conditions

Question 11

Explain GN

Answer 11

Breach is so bad it justifies criminal sanction
D’s act/omission must be so GN
Must be so bad that it amounts to a criminal offence

Question 12

What happened in Adomako?

Answer 12

D failed to realise oxygen was disconnected, omission was so GN, it amounted to a criminal offence