Gross negligence manslaughter Flashcards
What is Gross Negligence Manslaughter?
Breach of duty of care owed to victim through positive act or omission
R v Bateman
What is the test for negligence in Gross Negligence Manslaughter?
Gross negligence and not recklessness
Established in Andrews v DPP
What is the general duty of care owed in Gross Negligence Manslaughter?
Duty owed where harm caused by acts was foreseeable
Includes a general duty to avoid injury by positive act to one’s neighbour
Can a criminal duty of care exist even if there is no liability in tort?
Yes
Referenced in R v Ruffell
What determines a breach of duty in Gross Negligence Manslaughter?
Whether the defendant’s acts fell below the standard expected of a reasonable person
A reasonable person is attributed with any special skill used by the defendant
What principles govern causation in Gross Negligence Manslaughter?
Normal causation principles apply
The breach must cause the death
What must be proven regarding the risk of death?
Must be an obvious and serious risk of death
Not merely of injury or even serious injury (Singh)
What constitutes gross negligence in this context?
Conduct of D was so bad in the circumstances as to amount to a criminal act or omission
Established in Adomako
Is there a requirement to prove a particular state of mind for Gross Negligence Manslaughter?
No requirement
Clarified in A-G’s Ref (No 2 of 1999)
When is a defendant more likely to be found guilty of Gross Negligence?
When D is responsible for a series of acts/omissions
Supported by cases such as Misra and Litchfield
When is a defendant less likely to be found guilty of Gross Negligence?
When D’s mistakes are partly due to mistakes of others
Referenced in Prentice & Sullman
How does a defendant’s knowledge or experience affect Gross Negligence Manslaughter?
Knowledge/experience that alerts them to risk could add to gross negligence
As noted in Singh
Can a defendant’s belief in the absence of risk be considered in court?
Yes, if D genuinely did not believe there was a risk, the court can take this into account
What are the elements of gross negligence manslaughter?
- Duty of care
- Breach of that duty
- Breach causes death
- There was a risk of death
- The breach of duty was so bad as to amount to gross negligence
