Gross Negligence Manslaughter

Question 1

D may be charged with…

Answer 1

Involuntary manslaughter specifically gross negligence manslaughter

Question 2

GNM- has…

Answer 2

4 stages that must be established (Adomako)

Question 3

Stage 1-

Answer 3

D must have duty of care

Question 4

Adomako-

Answer 4

“Ordinary principles of negligence apply”

Question 5

3 questions to ask?

Answer 5

1. Foreseeable-Is it foreseeable that V bill be injured due to Ds actions?
2. Proximity-Do the D and V have a relationship of legal closeness?
3. Reasonable-Is it reasonable to give V duty of care?

Question 6

Stage 2-

Answer 6

Has D breached duty of care?

Question 7

Adomako key question?

Answer 7

“Has the D acted like a reasonable person or have they failed to reach that standard”

Question 8

SIDE RULES:

Answer 8

Contractual duty- Pitwood
Voluntary duty + special relationships - Gibbons and Proctor
Creating a dangerous situation- Miller

Question 9

Stage 3-

Answer 9

Did the breach of duty involve a risk of harm (Misra)

Question 10

Stage 4-

Answer 10

Is the breach of duty gross?
“Was the breach so bad that it ought to be a crime? Did the D show a complete disregard for the life and safety of others” (Bateman)