Gross Negligence Manslaughter

Question 1

R v Adomako 1994

Answer 1

D was anaesthetist during an operation, during later part oxygen tube became detachedm, D failed to notice and V died

Question 2

HoL defintion of GNM in R v Adomako

Answer 2

• Duty of care exists
• Breach of Duty
• Gross negligence considered criminal by Jury

Question 3

R v Broughton 5 Elements

Answer 3

1. D owed a exsisting duty to V
2. D negligently breached the duty
3. Serious and obvious risk of death
4. Breach caused or was a significatn contribution to death
5. Jury belived it amounts to gross neglignce

Question 4

From what test is the Duty of Care derived

Answer 4

Comes from Caparo v Dickman 3-stage test

Question 5

R v Evans

Answer 5

Evans purchased heroin and gave it to his half-sister who later took it.
Evans recognisde symptoms of an overdose but did not call for assistance - she died
Jury found duty owed and convicted of GNM