Gross Negligence Manslaughter

Question 1

what case stated the main principles of gross negligence manslaughter

Answer 1

R v Adomako

Question 2

what case developed the law

Answer 2

R v Broughton

Question 3

1. Duty of care
   R v Adomako
   Robinson v CCWP

Answer 3

ordinary principles of civil law negligence apply
look for existing precedent

Question 4

2. Breach of Duty
   R v Singh

Answer 4

a duty of care to manage and maintain property (contractual duty)

Question 5

R v Litchfield

Answer 5

ship master, has duty as senior operator (contractual duty)

Question 6

R v Stone and Dobinson

Answer 6

voluntary acceptance of responsibility of another

Question 7

R v Wacker

Answer 7

agreed to bring 60 illegal immigrants across to UK

Question 8

3. Serious and obvious risk of death
   3 steps

Answer 8

1. evidence of a serious risk of death through the defendants actions
2. foresight of death as a result of their actions
3. causation rules (remember cases)

Question 9

4. Grossly negligent
   R v Adomako/Misra and Another/Rose

Answer 9

jury must consider all of the circumstances and the the seriousness of breach of duty
a reasonable prudent person would have foreseen a serious and obvious risk of death