Gross Negligence Manslaughter Flashcards
What is the leading case for GNM?
Adomako
What is the first step of the model answer? (1)
D may be guilty of GNM where D owes a duty of care and breached this in a negligent way resulting in V’s death. The leading case is Adomako.
If there is relevant precedent, DOC can be satisfied this way. (2)
Name the DOC precedent(s).
Miller - creation of a dangerous situation, duty owed to keep others safe from this
Pittwood - contractual duty owed
Stone v Dobinson - duty owed through volunteering to take care and failing to do so
Singh - landlord owes duty to tenant
Whacker - duty owed even if jointly involved in crime
Litchfield - duty owed from captain to all those on his ship
What is the second step of the model answer if there is no established precedent? (2)
The neighbour principle outlined by Lord Atkin in Donoghue v Stevenson should be used. Here, D owes a duty of care as [describe why they owe a duty of care] ) and so the neighbour principle is satisfied because V is closely and directly affected by D doing / not doing x.
What is the third step of the model answer? (3)
Breach must be assessed, as outlined in Adomako as having the same principles as the law of negligence. This asks what was expected of D, and did he fail to do it or do it to a poor standard? He will be judged against the reasonable man in the same activity. Here, D would be compared to (name someone with similar characteristics) and therefore when he did X he breached and fell below this expected standard.
What is the fourth step of the model answer? (4)
The breach must have caused death. Apply factual causation (White) and legal causation (Pagett).
What is the fourth step of the model answer? (5)
D’s must negligence must be ‘gross’ meaning ‘so bad in all circumstances as to amount to a criminal act or omission’ (Adomako). In Bateman, this meant a blatant disregard for life and the safety of others which amounted to a crime deserving punishment. In Andrews, this was a very high degree of negligence. Here, the Adomako test is satisfied / not satisfied as considering all the circumstances of (describe), D’s conduct departs from the proper standard of care when he (describe). Therefore, D’s actions should be judged as criminal.
What is the legal principle from the case of Misra v Srivistrava?
D’s conduct must involved a risk of death and not just injury.
What is the final step of the model answer? (6)
D’s conduct must involve a risk of death and not just injury (Misra v Srivistrava). Here, when D did x there is a risk of death and not just injury because.
Therefore, D is / is not guilty of GNM.
