Gross negligence manslaughter Flashcards
What is gross negligence manslaughter?
It is where death is a result of a grossly negligent act or omission
What is the key case?
R v Adomako
What is the test called?
The Adomako test
How many stages in the test?
Four
Adomako test 1
Existence of a duty of care to the deceased
What does Stage 1 require?
Foreseeability, proximity, fairness, justice and reasonableness
When can the duty of care exist? 2
Contract of employment
If defendant and deceased were involved in criminal activity together
What must there be a serious and obvious risk of? (test 1)
Death and not merely serious injury - R v Misra and Srivastava
Adomako Test 2
Breach of the duty of care which should be described as gross negligence and therefore a crime
What is Test 2 based upon?
What a reasonable person would do in d’s position at time of breach
Can lack of skill be a defence? (test 2)
No, unqualified judged at same standard as qualified
Can knowledge be taken into account? (test 2)
Yes, if d has skills and knowledge of danger that reasonable person wouldn’t, their actions judged in the light of that.
Adomako test 3
Breach must cause (or significantly contribute to) the death of the victim (causation).
Adomako test 4
Breach must be gross
Who decides whether the breach was gross? (test 4)
The jury decides whether the conduct was so bad as to amount to a crime.
