Gross Negligence Manslaughter Flashcards
What are the requirements for gross negligence manslaughter?
- there is a duty of care
- there is a breach of that duty
- that breach causes death
- there was a risk of death
- the breach of duty was so bad as to amount to gross negligence
When will the law impose a duty of of care by positive act?
Everyone has a positive duty of care to avoid injury by positive act
When will liability for duty of care arise by omission?
When the defendant is under a specific duty to act.
Can arise by
- statute
- contract
- special relationship with victim
- voluntary assumption of duty of care
- result of the defendant causing a dangerous situation
When will there be a breach of duty of care?
When D’s act fall below the standard expected of reasonable person
Reasonable person will be attributed with any special skills used by defendant
What causation must there be for gross negligence manslaughter?
Normal causation rules apply
Breach must have caused the death of the victim
What risk must arise for gross negligence manslaughter?
There must be an obvious and serious risk of death
Must be clear and unambiguous risk of death - not one which might only become apparent on further investigation
What level of breach is necessary for gross negligence manslaughter?
Must be one that is so bad, so obviously wrong, that it can be properly condemned as criminal
Does gross negligence manslaughter require any state of mind?
No
Will a series of negligent acts/omissions make gross negligence manslaughter more or less likely to be found?
More likely
Although a single devastating act can be grossly negligent
What will the effect be if the defendant’s mistakes are themselves brought on by the mistakes of others?
May make it less likely to convict
Can there be gross negligent manslaughter by D where others are also responsible for circumstances leading up to death?
Yes - eg where there defendant has a clear personal responsibility and the ability to discharge it
What effect will the knowledge/experience of the defendant have in deciding gross negligent manslaughter?
- if they have knowledge of high risk of death, but have a couldn’t care less attitude then highly likely to be guilty
- if they have knowledge/experience that should alert them to the danger, then this may be helpful for the jury to consider
