Gross Neg manslaughter

Question 1

Definition

Answer 1

(Adomako) gross negligence manslaughter has a 4 stage test which must be proved

Question 2

Stage 1

Answer 2

The D must owe the victim a duty of care
(Adomako) “Ordinary principles of negligence apply”
1. FORESEEABLE- is it foreseeable that the V will be injured as a result of D’s actions
2. PROXIMITY- do the d and v have a relationship of legal closeness
3. REASONABLE- is it reasonable to give a duty to the D
(Wacker) if D & V are jointly engaged in a crime, they still owe each other a duty of care
apply any omissions

Question 3

Stage 2

Answer 3

Has D breached duty of care (Adomako) “ordinary principles of negligence apply
has the D acted like a reasonable person or have they failed to reach the standards of said person
apply any omissions

Question 4

Stage 3

Answer 4

Did the breach of duty involve a risk of death (Misra)
apply any causation issues

Question 5

Stage 4

Answer 5

Is the breach of duty gross
was the breach so bad it ought to be a crime, did the D show a total disregard for the life and safety of others (Bateman/Adomako)