Gross Negligence Manslaughter

Question 1

What is the case law for duty of care?

Answer 1

R V Robinson West Yorkshire

Question 2

What are the case laws for breach of duty?

Answer 2

Bolam V Friern
Nettleship V Western
Mullins V Richard’s

Question 3

What is the case law for serious and obvious risk?

Answer 3

R V Rudling

Question 4

What is the case law for reasonable foreseeability?

Answer 4

R V Rose

Question 5

What is the case law for men’s rea?

Answer 5

R V Adomako

Question 6

What is the definition of GNM?

Answer 6

Elements of GNM are set out in Adomako, the D will be guilty of GNM if they owe a duty of care which is breached in a way that is so bad, it is criminal, and causes the death of the V.

Question 7

What are the rules for duty of care in GNM?

Answer 7

Can be committed through an act or omission, and the offence can be considered in varying circumstances, but is usually medical or workplace related.

Question 8

What must the risk be in GNM?

Answer 8

Both obvious and serious. And reasonably foreseeable.

Question 9

What are the tests for factual and legal causation?

Answer 9

‘But for’ and ‘de minimis principle’

Question 10

What does ‘gross’ mean?

Answer 10

No clear guidance —> “reprehensible”