gross negligence manslaughter

Question 1

What is GNM?

Answer 1

Gross negligence manslaughter is a form of involuntary manslaughter.

Question 2

How does GNM differ from constructive manslaughter?

Answer 2

It differs from constructive manslaughter in that it can be committed by omission and it doesn’t have to be an unlawful act.

And there must be a risk of death rather than a risk of some harm.

Question 3

Which case defined GNM and created the guidelines for GNM?

Answer 3

R v Adomako.

Question 4

How many elements must be proven in order to be liable?

Answer 4

In order to be liable, 4 elements must be proven:

Question 5

What does it mean by a duty of care?

Answer 5

There must be an existence of a duty of care towards the victim.

Question 6

What does the case of R v Wackers show?

Answer 6

It shows that a duty of care can still exist even if the victims were a party to the criminal offence.

Question 7

What did the case of R v Evans show?

Answer 7

Where the defendant creates a dangerous state of affairs known to be life-threatening to the victim is an existence of a duty of care.

Question 8

What else can also give rise to duty situations?

Answer 8

Omissions such as special relations (Gibbons and Proctor), parent-child relationships.

Question 9

What does it mean by a breach?

Answer 9

There must be a breach of that duty of care, meaning the defendant must fall below the standard of care expected of the ‘ordinary reasonable man’.

Question 10

What is required for the breach of the duty of care to be satisfied?

Answer 10

The breach must also be serious and is up to the jury to ‘consider whether the extent to which the defendant’s conduct departed from the proper standard of care’.

Question 11

Which case shows that the doctor did not fall below the standard of care expected?

Answer 11

R v Becker.

Question 12

What does it mean by a risk of death?

Answer 12

There must be a risk of death which causes the death.

Question 13

What did the case of R v Singh direct?

Answer 13

It directed that the person must have ‘foreseen a serious and obvious risk, not merely of injury or even serious injury but of death’.

Question 14

Does a duty of care apply to everyone?

Answer 14

Not everyone who owes a duty of care and breached their duty will be convicted.

Question 15

How is death proven?

Answer 15

To establish whether a person has caused death, the general rules of causation apply.

Question 16

What 2 types of causation is used?

Answer 16

Therefore, for factual causation, the ‘but-for’ test (R v Pagett) and the ‘more than minimal’ test (R v Kimsey) is used.

Question 17

What is required for the chain of causation?

Answer 17

The chain of causation must remain intact so the act of a third party, victim’s own actions or an unpredictable event must not intervene.

Question 18

What is the MR for GNM?

Answer 18

There must be gross negligence (mens rea) which the jury considers as criminal.

Question 19

What does the act or omission need?

Answer 19

The act or omission must either have foreseen a risk or inattention in avoiding serious risk.

Question 20

What did the case of R v Bateman clear?

Answer 20

It cleared that the word ‘gross’ means the accused must have shown ‘such disregard for the life and safety of others’ that their conduct is of ‘deserving punishment’.

Question 21

Which case law shows the defendant’s conduct being of ‘deserving punishment’?

Answer 21

R v Litchfield.