Gross Neglegence Manslaghter - Involuntry Manslaughter

Question 1

Offence

Answer 1

Common law offence

Question 2

Definition

Answer 2

Committed where D owes a duty of care but breaches that duty in a negligent way causing the death of V via act or omission neither has to be unlawful Leading case ADOMAKO

Question 3

1.Must be a duty of care to the victim

Answer 3

Civil principles come from Caparo v Dickman.
Situations where DOC is owed: parental,contractual duties WACKER DOC can exist if D has created a state of affairs they know is life threatening EVANS

Question 4

2.Must be a breach of that duty

Answer 4

Once a duty is established must be proved D was in breach of that duty.Objective test what would a reasonable man do?
Professionals are judged against other professionals , Children against others of same age,NETTLESHIP V WESTERN,learner drivers by competent drivers.

Question 5

3.Breach must cause death

Answer 5

Factual causation but for act or omission would v have died STONE & DOBINSON is there a break in the chain - Legal causation was D more than minimal cause

Question 6

4.failure must be gross

Answer 6

BATEMAN decided D must show disregard for the health and safety of V and jury has to decide if the conduct was so bad to amount to criminal act or omission EDWARDS