Gross Negligence Manslaughter

Question 1

Duty of care

Answer 1

• D must owe V a duty of care (Adomako).
• The duty of care concept comes from the civil law of negligence (Donoghue v Stevenson).

Question 2

Duty of care situations

Answer 2

• duty of care under a contract (Pittwood)
• voluntary assumption of care (Stone & Dobinson)
• duty of landlord to tenant (Singh)
• driver to passengers and other road users (Wacker)
• Special relationship (Gibbons & Proctor)
• Professionals to customers
• where D creates a dangerous situation (Miller)
• where a duty of care arises through your official position (Dytham)

Question 3

Unclear if a duty of care exists

Answer 3

Drug suppliers to drug users (Khan & Khan)

Question 4

Breach of duty

Answer 4

This can be by an act or omission (Adomako). Involves falling below the standard of the reasonable person doing that activity.

Question 5

Gross negligence

Answer 5

• Going beyond a mere compensation between the parties, showing such disregard for the life and safety of others to amount to a crime (Bateman).
• A very high degree of of negligence (Andrews).
• Conduct so bad in all circumstances as to amount to a criminal act or omission (Adomako)

Question 6

Risk of death

Answer 6

• Would a reasonable person have foreseen a serious and obvious risk of death? (Misa)
• A risk of serious injury is not enough, must be risk of death (Rose)