Gross negligence manslaughter

Question 1

Define Gross negligence manslaughter

Answer 1

Defined under common la as a form of involuntary manslaughter which can be committed via an act or omission where the defendant falls below the requisite standard and cause death by breaching their duty of care.

Question 2

What is the 6 stage GNMS test

Answer 2

1. Duty of care
2. Breach of duty
3. Breach caused death
4. So gross it amounts to a crime - R v Adamako
5. Serious and obvious risk of death
6. Jurys view that it justifies a criminal sanction - R v Broughton

Question 3

R v Adamako

Answer 3

Set out the first 4 elements of the GNMS test

Question 4

R v Broughton

Answer 4

Failure to obtain medical assistance in a timely manor.
Added last 2 requirements of GNMS test

Question 5

R v Misra and sriv

Answer 5

Breach must be gross - Jury to decide if D’s behaviour was grossly negligent and consequently criminal.