Gross Neg Manslaughter Flashcards
What is gross negligence manslaughter?
A form of involuntary manslaughter where D caused V’s death but did not have the mens rea for murder
Leading case = Adomako
What are the four elements of gross negligence manslaughter?
- The D owes V a duty of care
- The D breaches his duty of care and caused the death
- Must be proved the negligence was gross
- Obvious risk of death
How can gross negligence manslaughter be committed?
By omission, no other offence needs to be proved, no mens rea needed
What must be established regarding duty of care in gross negligence manslaughter?
Either state there is a duty present recognized by law or apply the test from Donoghue v Stevenson to establish duty of care
What does Adomako confirm about duty of care?
A doctor owes his patients a duty of care, extending to all medical professionals
List duties already recognized by law.
- Stone and Dobinson - voluntary assumption of care
- Dytham - position of public office
- Pittwood - duty arising from a contract
- Gibbins and Proctor - duty arising from relationship
- Miller - creation of dangerous situation
What is the neighbourhood principle from Donoghue v Stevenson?
You must take reasonable care to avoid acts or omissions likely to injure your neighbour
Does acting in the course of criminal conduct prevent a duty of care in gross negligence manslaughter?
No, as stated in Wacker
How does a defendant breach their duty of care?
By failing to do something a reasonable person would do or doing something a reasonable person wouldn’t do
Reference: Blyth v Birmingham WaterWorks
What standard must professionals meet according to Bolam v Friern Barnet Hospital?
Standards required of ordinary, competent professionals
What is required to establish causation in gross negligence manslaughter?
Normal principles of causation - factual + legal
What must be proved about the negligence in gross negligence manslaughter?
The negligence must be gross
What legal test defines gross negligence according to Bateman?
A defendant has shown such disregard for life and safety of others as to amount to a crime
What does Adomako state about the conduct of the defendant?
Whether the conduct was so bad in all circumstances as to amount to a criminal act or omission
What must be established regarding the risk in gross negligence manslaughter?
The breach of duty created a risk of death
Confirmed in Misra
Is showing a risk of bodily injury sufficient for gross negligence manslaughter?
No, the risk must be death
