Gross negligence manslaughter

Question 1

R v Broughton

Answer 1

The Supreme Court set out 6 elements to prove GNM:
1. D must owe a duty of care

2. D must breach that duty of care
3. There must be a serious and obvious risk of death
4. The risk must be reasonably
   foreseeable
5. The breach must cause the victim’s death
6. The breach must be grossly negligent

Question 2

Blyth v Birmingham Waterworks

Answer 2

Defines breach of duty as falling below the standard of care expected from a reasonable person

Question 3

Bolam

Answer 3

Professional expertise raises duty of care

Question 4

Mullin v Richards

Answer 4

Age lowers duty of care

Question 5

Nettleship v Weston

Answer 5

Professional expertise lowers duty of care

Question 6

Miller v Jackson

Answer 6

Risk factor: size

Question 7

Paris v SBC

Answer 7

Risk factor: Seriousness

Question 8

Latimer v AEC

Answer 8

Risk factor: Practicability

Question 9

Watt v HCC

Answer 9

Risk factor: benefits of risk

Question 10

R v Rose

Answer 10

An obvious risk is a risk which is clear and unambiguous

Question 11

Broughton: gross negligence

Answer 11

To decide if something is grossly negligent, the court said to ask the jury if the circumstances of the breach were truly exceptionally bad as to require criminal sanction