Gross negligence manslaughter Flashcards
gross negligence manslaughter
gross negligence manslaughter is where the death is a result of a grossly negligent act or omission on part of the defendant. it is a form of voluntary manslaughter and requires a 6 stage test to satisfy
1st element of test
the d owed an existing duty of care to the victim
2nd element of test
the d negligently breached that duty of care. this is an objective test and so is based on what a reasonable person would do in the d’s position at the time of the breach. an unqualified person is not to be judged at a lowrer standard than a qualified person, so the lack of skill will not be a defence if the conduct is deemed as negligent
3rd element of test
at the time of the breach there was a serious and obvious risk of death.
4th element of test
it was reasonably foreseeable that at the time of the breach of the duty the breach gave rise to a serious and obvious risk of death
5th element of test
the breach of duty caused or made a significant contribution to the death of the v
6th element of test
in the view of the jury the circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gnms
r v adomako
the law of negligence applies to ascertain whether d has been in a breach of duty of care towards v.
r v Broughton
there is insufficient evidence to be sure that the d’s failure to obtain medical help caused the death of the v
r v misra and srivastava
it is a question for the jury to decide whether a defendants behaviour was grossly negligent and consequently criminal
r v singh
the courts decided that grosss negligence manslaughter could apply if a d failure to fulfil a duty of care resulted in death
r v wacker
the courts decided that although the d had no legal obligation to the v, he had a a duty to avoid creating a dangerous situation.
r v pittwood
gross negligence manslaughter can apply when a d has a duty to act and their failure to do so results in death
