Gross negligence manslaughter

Question 1

What is the opening line for gross negligence manslaughter?

Answer 1

D may be liable for gross negligence manslaughter. There are 5 Elements that must be satisfied, (Adomako), More recently confirmed in Broughton (2020)

Question 2

What are the 5 elements?

Answer 2

Defendant must have owed a duty of care, defendant must have breached the duty owed, breach of duty must cause the death, must be a serious and obvious risk of death, there must be gross negligence

Question 3

What does a duty of care entail and who decides this (test 1)

Answer 3

‘wherever Ds conduct carries a foreseeable risk to those around them’ and its a matter of a jury to decide (Willoughby)

Question 4

What are other occasions where a duty of care must arise (test 1)

Answer 4

Doctor-patient (Adomako), landlord-tenant (Singh), and employer-employee

Question 5

What does breach the duty must pass (Test 2)

Answer 5

By falling below the reasonable person standard of care test (blyth v Birmingham Waterworks)

Question 6

What are the factual and legal cause (Test 3)

Answer 6

Factual- but for (white, Pagett, Hughes)
Legal- whether the defendant is the operating and substantial, significant more than minimal cause of death (Smith, Pagett)

Question 7

What cases go with the fourth test?

Answer 7

(Rose, Rudling and Kuddus)

Question 8

What must the negligence do? (test 5)

Answer 8

make the defendant look criminally liable in the eyes of the jury.

Question 9

Where was gross negligence defined and what as? (Test 5)

Answer 9

Defined in Bateman meaning ‘conduct so bad in all circumstances as showing such disregard for the life and safety of other as to amount to a crime’