Gross Negligence Manslaughter

Question 0

Actus Reus (based on negligence)

Answer 0

Is there a duty of care? Was it breached? Did it cause death by gross negligence?

Question 1

D has killed but doesn’t intend to kill or cause GBH

Answer 1

Usually occurs when D has failed to do something, although may occur when they do something really badly

Question 2

Men’s rea

Answer 2

Taking the risk of death rather than serious injury

Question 3

Adamako test

Answer 3

1. Established did d owe a duty to v?
2. Breach
3. Caused Vs death
4. Amounting to gross negligence

Question 4

1. Duty of care

Answer 4

Caparo test - proving duty
1.Damage must be foreseeable: Jolley v Sutton
2. Must be proximity between v and d
Bourhill v young
3. Must be fair, just and reasonable to impose a duty - hill v ccsy

Question 5

Duty can either come from an omission ie. duty to act situation

Answer 5

Contractual duty - pitwood
Public position- Dytham
Creating a dangerous situation- miller
Voluntary assumption of care - r v stone and dobinson
Duty from a relationship - r v gibbons and proctor

Question 6

2. Breach of duty

Answer 6

Not doing something the reasonable man would do, or doing somethingn the reasonable man wouldn’t do- Birmingham water co v blyth

Poor performance to act or failure to act - Vaughan v Menlove

Question 7

Breach cases

Answer 7

Nettleship v Weston - inexperience will not lower the standard expected
Age - mullin v Richards
Profession- bollom

Question 8

Risk factors (help decide a breach)

Answer 8

Degree of risk - ie, likelihood - paris
Size of risk- Bolton v stone, miller v Jackson
Seriousness of harm - Paris
Benefits of risk - watt v Hertfordshire county council
Practicality of precautions- Latimer, Haley v LEB

Question 9

3. Breach must cause death

Answer 9

Causation / must prove that the breach caused vs death
Factual (pagett)
Legal (smith/jones)
Novus actus intervienes - 
1. Actions of 3rd party - r v Jordan
2. Victims own actions - (Roberts)
3. Natural / unpredictable event

Question 10

Breach must be gross

Answer 10

Adamako test for gross:
Having such disregard for the risk of death, is Ds conduct so bad in all the circumstances as to amount to a criminal act or omission?

Bateman: beyond a mere matter of compensation and shows such disregard for life and safety of others as to amount to a crime against the state and conduct deserving punishment

Question 11

What May amount to GNM

Answer 11

Indifference to an obvious risk of injury
Foresight of risk and decision to take it anyway
In attention / failure to adress a risk which is more than mere inadvertence