GNM

Question 1

1) Intro

Answer 1

• D doesn’t have malice aforethought (intent to kill or cause GBH) & so may be guilty of involuntary manslaughter.
• Here it’s gross negligence manslaughter (GNM) in relation to V’s death.

Question 2

2) Duty of care

Answer 2

•First, D must have owed V a duty of care.
•A duty of care may arise from:
-under a contract (Pittwood)
-a special relationship (Gibins)
-voluntary assumption of care (Dobinson)
-creation of a dangerous situation (Miller).

• (There will be a duty even where D and V are engaged in criminal activity (Wacker)).
• (D will be under a duty to take reasonable steps to save the others life where they have created or contributed to a state of affairs which he ought reasonably know has become life threatening (Evans)).

Question 3

3) Breach of duty

Answer 3

• Secondly, D must have breached the duty.
• The test for breach of duty is the same as in civil law.
• D must have fallen below the standard of a reasonable man doing the same activity (Blyth).

Question 4

4) Causation

Answer 4

•Thirdly, the breach must cause death.

Question 5

5) Misra

Answer 5

•Fourth, the breach must create an objective risk of death, not just of harm (Misra).

Question 6

6) Gross

Answer 6

• Finally, the negligence must be gross (Bateman).
• Whether the negligence is gross is a matter for the jury to decide.
• Does the negligence go beyond a mere matter of compensation & show such disregard for the life and safety of others to amount to a crime against the state & conduct deserving punishment ‘.

Question 7

7) Conclusion

Answer 7

•If all the elements of GNM are satisfied, D would be found guilty & sentenced at the discretion of the judge up to a maximum of life imprisonment.