Gross Negligence Manslaughter

Question 1

A person is guilty of gross negligence manslaughter if…

Answer 1

he owes a duty of care towards V and breaches that duty of care in causing their death in such an exceptionally bad way that his omission constitutes gross negligence and deserves criminal sanction

Question 2

Acts/omissions don’t have to be…

Answer 2

unlawful

Question 3

4 elements must be proven for gross negligence manslaughter

Answer 3

Adomako 1994

Question 4

Adomako 1994

Answer 4

4 elements must be proven for gross negligence manslaughter

Question 5

4 elements of gross negligence manslaughter

Answer 5

• duty of care
• breach of duty of care
• breach must cause death
• breach must be so negligent that it deserves criminal sanction

Question 6

Wilshire 1987

Answer 6

Inexperience or lack of training is irrelevant

Question 7

Inexperience or lack of training is irrelevant

Answer 7

Wilshire 1987

Question 8

What can be evidence of a breach in medical circumstances?

Answer 8

If a doctor chooses a medical treatment where there are reasonable alternatives without obtaining the consent of the patient

Question 9

Broughton 2020 following Sellu 2016

Answer 9

There must have been a breach at which time it was reasonably foreseeable to a competent D in their circumstances and with their skills that there was a serious and obvious risk of death and at this time, V must be proved beyond reasonable doubt to have a chance of surviving

Question 10

There must have been a breach at which time it was reasonably foreseeable to a competent D in their circumstances and with their skills that there was a serious and obvious risk of death and at this time, the victim must be proved beyond reasonable doubt to have a chance of surviving

Answer 10

Broughton 2020 following Sellu 2016

Question 11

The CPS stated what?

Answer 11

It is unnecessary for the breach of duty to be main cause of death, providing it contributed significantly

Question 12

Who stated that it is unnecessary for the breach of duty to be main cause of death, provided it contributed significantly?

Answer 12

CPS

Question 13

What doesn’t need to be proved?

Answer 13

That D foresaw the risk

Question 14

Rose 2017

Answer 14

‘an obvious risk is a present risk which is clear and unambiguous, not one which might become apparent on further investigation’

Question 15

‘an obvious risk is a present risk which is clear and unambiguous, not one which might become apparent on further investigation’

Answer 15

Rose 2017

Question 16

Kuddus 2019

Answer 16

Someone who is unaware of a hidden and undeclared disability of V cannot be expected to foresee a risk of death that is not obvious

Question 17

Someone who is unaware of the hidden and undeclared disability of V cannot be expected to foresee a risk of death that is not obvious

Answer 17

Kuddus 2019

Question 18

Sellu 2016

Answer 18

‘Gross’ must be more than a serious mistake, it must be a mistake that is ‘truly exceptionally bad’

Question 19

‘Gross’ must be more than a serious mistake, it must be a mistake that is ‘truly exceptionally bad’

Answer 19

Sellu 2016

Question 20

What must be applied to determine whether the breach caused death?

Answer 20

Legal and factual causation tests