Gross Negligence Manslaughter

Question 1

In which case did gross negligence become a basis for criminal liability?

Answer 1

Bateman (1925)

Question 2

Facts of Bateman (1925).

Answer 2

Doctor’s gross negligent treatment of his patients resulted in death.

Question 3

Examples of gross negligence.

Answer 3

Doctor making serious error in treatment causing death
Childminder not watching child causing death
Driver texting while driving causing death

Question 4

From which case do the modern tests for GNM come from?

Answer 4

Adomako (1994)

Question 5

Facts of Adomako (1994).

Answer 5

D was an anaesthetist in an eye operation. The tube supplying oxygen o the patient became disconnected. The patient died after a heart attack due to brain damage.

Question 6

5 tests coming from Adomako (1994).

Answer 6

1. Duty of care exists between D and V (duty).
2. Breach of DoC (breach)
3. Breach involved a risk of death (risk of death)
4. Breach caused death (causation)
5. Gross negligence is such as to be considered criminal by the jury (gross)

Question 7

Why is the fifth test of GNM important?

Answer 7

Has to be GROSS negligence under criminal law because just negligence is only enough for liability under civil law.