Gross Negligence Manslaughter Flashcards
Define /What is Gross Negligence Manslaughter (GNM)?
GNM occurs when a person dies as a result of another’s negligence, and the degree of negligence is so serious that it makes the D criminally liable for the death.
How many stages are there in GNM, and what are they?
There are four stages:
1. Duty of care – Did D owe a duty to V?
- Breach of duty – Did D breach that duty,
creating a risk of death? - Causation – Did D’s breach cause V’s death?
- Gross negligence – Was D’s conduct so grossly negligent that it should be criminal?
What is meant by a Duty of Care in GNM?
• A duty of care is owed to V if there is an existing precedent, a reasoned analogy, or if the situation is novel (using the Caparo test: reasonable foreseeability, proximity, and fairness).
• Duties of care can arise from acts or omissions, including contractual duties, special relationships, voluntarily assumed duties, or situations that create a dangerous chain of events (R v Evans, R v Willoughby).
How do you apply the Duty of Care to a scenario?
•Identify if the D owed a duty of care to V (e.g., as a professional, in a dangerous situation).
•Example: “D owed a duty of care to V as a medical professional, due to their special relationship.”
What is a breach of duty in GNM?
• A breach occurs when D’s conduct falls below the standard of care of an ordinary reasonable person in the same situation (R v Adomako, Wells v Cooper).
The breach must cause a clear and obvious risk of death like in (R v Rudling).
How do you apply the breach of duty to a scenario?
• Explain how D’s actions were below the reasonable standard of care.
• Example: “D failed to provide medical attention to V, despite being a trained professional, which led to a clear risk of death.”
What is factual causation in GNM?
The but for test applies: “But for D’s breach, V would not have died” (R v Pagett).
What is legal causation in GNM?
. The breach must have contributed to the death in a more than minimal or substantial way (R v Kimsey, R v Shohid).
Intervening acts?
There must be no intervening acts that break the chain of causation (R v Cato, R v Kennedy).
What is gross negligence in GNM?
The conduct of the D must be grossly negligent to the extent that it amounts to a criminal act or omission (R v Adomako).
D must show a disregard for the safety and life of others that is so severe it is considered a crime (R v Bateman).
What is the conclusion for GNM?
•If all four elements are met, gross negligence manslaughter has occurred.
•Sentence: Discretionary life sentence, but no minimum sentence—sentencing is at the judge’s discretion.
