Gross Negligence Manslaughter

Question 1

is gross neg m/s a defence or a crime?

Answer 1

a crime

Question 2

what is gross neg m/s?

Answer 2

where the d owes the v a duty of care, which is breached causing the v’s death

4 stage test - adamako

Question 3

stage 1 - gross neg m/s

Answer 3

did the d owe v a duty if care?

lord mackay (adamako) - ordinary principles of negligence apply in order to establish duty of care

1) is the result FORESEEABLE as a result of of the d’s actions?
2) do the d and v have a relationship of PROXIMITY (closeness)?
3) is it fair and REASONABLE to impose a duty on the D?

side rule: joint enterprise (wacker) - if d and v are jointly engaged in a crime they still owe each other a duty of care

Question 4

stage 2 - gross neg m/s

Answer 4

has d breached the duty of care

(has the d acted like a reasonable person or have they failed to reach the standards of a reasonable person?)

side rule: omissions?

Question 5

stage 3 - gross neg m/s

Answer 5

did they breach of duty involve a risk of death? (misra)

Question 6

stage 4 - gross neg m/s

Answer 6

was the breach of duty ‘gross’ ?

bateman/adamako - was the breach so bad it ought to be a crime? did the d show a total disregard for the life and safety of others?