Gross Negligence Manslaughter

Question 1

Define

Answer 1

The unlawful killing where D does not have the intention to kill or cause serious bodily harm, however they die due to D’s negligence.

Question 2

Sentencing

Answer 2

Discretionary (life in prison)

Question 3

Rules of GNM

Answer 3

(Adomako)
Degree of negligence must be sufficiently serious as to make D criminally liable for the death.

Question 4

Duty of care (1/5)

Answer 4

Assumed responsibility (Stone v Dobinson) - failed to take care and summon help for ill family.

Contractual duty (R v Pitwood) - master of ship crashed - owed duty to crew members

Landlord and tennant (Singh) - took no action against carbon monoxide

During crime (Wacker) - illegal immigrants suffocated in lorry.

Crime (Willoughby) - set fire for insurance

Summoning help (Evans) - failed to call an ambulance

Question 5

AR (2/5) breach of duty

Answer 5

Once a duty has been established, the defendant must have failed the duty to care for the victim.

Tested on how a reasonable man would have responded in that situation (R v Holloway).

Question 6

AR (3/5) Risk of death

Answer 6

Has to be an obvious risk of death not just a risk of harm (R v Rose).

Question 7

AR (4/5) Causation

Answer 7

Normal rules of causation apply.
Factual
Legal
Thin skull

Question 8

AR (5/5) Gross Negligence

Answer 8

Must fall below the standards of a reasonable man. It must be so “gross” that it is considered criminal.

(R v Bateman) “such disregard for the life and safety of others”

Question 9

MR

Answer 9

Defendant does not intent to kill or cause serious harm.

Criminality is judged objectively - assessment of D’s recklessness could be made by the jury to evaluate badness of the breach.