Gross Negligence Manslaughter Flashcards
What is the definition of involuntary manslaughter?
Where there is an unlawful killing of a human being with no malice aforethought.
What is the sentence for involuntary manslaughter?
Discretionary life sentence.
How can gross negligence manslaughter be committed?
- A positive act.
- An omission.
What is element one?
- D must owe V a duty of care.
How is a duty of care established?
The neighbour test.
What is the neighbour test?
You owe a duty to those closely and directly affected by your acts or omissions.
What are other established duty of care examples?
- Contractual.
- Landlord/tenant.
What was held in R v Wacker 2003?
Even if the activity is illegal D will still owe a duty of care.
What is element two?
D must breach their duty of care.
How is it tested if D breached their duty of care?
D is compared to a reasonably competent person in that situation.
What is element three?
There must be a risk of death from D’s act or omission.
How is factual causation proven?
The ‘But For’ test.
What is the ‘But For’ test?
“But for D’s actions the end result would not have happened”
How is legal causation proven?
D must play a significant part in the death.
What is element four?
- The breach is so gross that it is criminal.
What was held in Andrews v DPP?
There must be a very high degree of negligence.
