Gross Negligence Manslaughter Flashcards
A person is guilty of gross negligence manslaughter if…
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
Acts/omissions don’t have to be…
unlawful
4 elements must be proven for gross negligence manslaughter
Adomako 1994
Adomako 1994
4 elements must be proven for gross negligence manslaughter
4 elements of gross negligence manslaughter
- duty of care
- breach of duty of care
- breach must cause death
- breach must be so negligent that it deserves criminal sanction
Wilshire 1987
Inexperience or lack of training is irrelevant
Inexperience or lack of training is irrelevant
Wilshire 1987
What can be evidence of a breach in medical circumstances?
If a doctor chooses a medical treatment where there are reasonable alternatives without obtaining the consent of the patient
Broughton 2020 following Sellu 2016
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
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
Broughton 2020 following Sellu 2016
The CPS stated what?
It is unnecessary for the breach of duty to be main cause of death, providing it contributed significantly
Who stated that it is unnecessary for the breach of duty to be main cause of death, provided it contributed significantly?
CPS
What doesn’t need to be proved?
That D foresaw the risk
Rose 2017
‘an obvious risk is a present risk which is clear and unambiguous, not one which might become apparent on further investigation’
‘an obvious risk is a present risk which is clear and unambiguous, not one which might become apparent on further investigation’
Rose 2017
Kuddus 2019
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
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
Kuddus 2019
Sellu 2016
‘Gross’ must be more than a serious mistake, it must be a mistake that is ‘truly exceptionally bad’
‘Gross’ must be more than a serious mistake, it must be a mistake that is ‘truly exceptionally bad’
Sellu 2016
What must be applied to determine whether the breach caused death?
Legal and factual causation tests
