Gross Negligence Manslaughter Flashcards
What is the definition of GNM?
Where a duty of care is breached and leads to V’s death. D did not intend death.
Who set out the stages for GNM?
Adomako gave a four stage test and an additional stage was added in Broughton
What are the 5 stages?
- D owed a duty of care to V
- D breached that duty
- It is reasonably foreseeable that at the time of the breach had a risk of death
- The breach caused V’s death
- The act is grossly negligent.
Stage 1
D must owe V a duty of care
This requires foreseeability, proximity and fairness - Donoghue v Stevenson
What are the types of duty of care?
Contractual duty - Pittwood
Voluntarily Assumption of Care/Special Relationship - Gibbins v Proctor
Side rule to stage 1
Wacker - If D & V are jointly engaged in a crime, they owe each other a duty of care.
If D & V are jointly engaged in a crime, they owe each other a duty of care.
Wacker
Wacker
If D & V are jointly engaged in a crime, they owe each other a duty of care.
Stage 2
D must have breached the duty according to the standards of the ordinary reasonable man with the same level of skill and expertise.
D must have breached the duty according to the standards of the ordinary reasonable man with the same level of skill and expertise.
Stage 2
Stage 3
Was it reasonably foreseeable that there is a risk of death? (Singh)
Singh
Was it reasonably foreseeable that there is a risk of death?
Was it reasonably foreseeable that there is a risk of death?
Singh
Stage 4
The breach must cause death (causation)
The breach must cause death - what stage?
Stage 4
Stage 5
D’s breach must have been ‘grossly negligent’
– this meant D must have done something ‘so bad that it amounted to a criminal offence’ - Adomako
Adomako
D must have done something ‘so bad that it amounted to a criminal offence
D must have done something ‘so bad that it amounted to a criminal offence
Adomako
