Gross Neg manslaughter

Question 1

Definition (Involuntary manslaughter)

Answer 1

ADOMAKO gross negligence manslaughter has a 4 stage test which must be proved

Question 2

Stage 1

Answer 2

D must owe a duty of care to the V, requires foreseeability, proximity and fairness (ADOMAKO)
SR: WACKER if D and V jointly engaged in a crime they owe each other a duty of care
WACKER- if D and V jointly engaged in a crime they still owe each other a duty of care

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)