Gross Negligence Manslaughter

Question 1

What are the 5 steps to test for Gross Negligence Manslaughter (GNM)?

Defined in which cases?

Answer 1

Test from Adomako, restated in Broughton
1) D owes Duty of Care
2) D breaches duty
3) There is foreseeable risk of death at time of
4) Causation
5) Gross?

Question 2

Describe Step 1 of GNM with cases

Answer 2

D owes V a Duty of Care
- Adomako

Question 3

Describe Step 2 of GNM with cases

Answer 3

D breaches Duty of Care
- Can be act or omission: Adomako/Broughton

Question 4

Describe Step 4 of GNM with cases

Answer 4

Causation: Factual and Legal
- ‘But For Test’ - Pagett
- Substantial - Cheshire
- Operating - Jordan
- Chain of causation - Blaue
- Novus Actus Interveniens

Question 5

Describe step 5 of GNM with cases

Answer 5

Grossness - Justifies Criminal Sanction?
- ‘Gross’, Disregard for the life/safety of others as to amount to a crime
- Adomako