Gross Negligence Manslaughter

Question 1

What have the law lords stated there must be for GNM

Answer 1

Actus reus for homicide

Mens rea for gross negligence

Question 2

What questions are asked to establish men’s rea for gross negligence?

Answer 2

Is there a duty of care? 
Was there a breach of duty of care? 
Was there a risk that d conduct could have caused death? 
Did the breach cause death? 
Was the negligence gross?

Question 3

How to remember the questions to establish men’s rea for gross negligence

Answer 3

Dogs (duty of care)
Birds (breach) 
Rats (risk) 
Cats (cause) 
Goldfish (gross negligence)

Question 4

How is GNM different from CM

Answer 4

Must be a duty of care
Can be committed through an omission
The act or omission does not have to be unlawful

Question 5

Case of GNM

Answer 5

Adomako

Question 6

Case facts of Adomako

Answer 6

Anaesthetist convicted of GNM when patient died of lack of oxygen due to oxygen tube becoming detached in surgery. He failed to realise his patient was turning blue.
Appeal dismissed
Ruled it is not necessary to use Caldwell recklessness

Question 7

,who must the duty of care be between

Answer 7

The victim and the defendant

Question 8

In criminal law omission situations only cover 6 situations is this the case in GNM?

Answer 8

No, it covers more situations
the definition of Duty of care is the same as in law of tort (duty of care between d and v) therefore is not exclusive to the 6 situations seen in criminal law
Under tort of negligence duty of care is much wider

Question 9

Which case introduced the neighbour principle

Answer 9

Donoughue v stevenson

“You must take reasonable care to avoid acts/omissions that add likely to injure your neighbour”

Question 10

Who is your neighbour in law

Answer 10

Those people who are so closely and directly affected by your acts/omissions that I ought to have reasonably had them in mind when carrying out my act or omission
Hence wider than CM that needs not have any victim in mind making GNM very wide

Question 11

Example of duty of care: GNM resulting from a breach of contractual duty of care

Answer 11

R v Singh: d owned a property which he rented. A faulty gas fire lead to the deaths of the tenants.
He was liable as he had a contractual duty of care to maintain the property which he failed to do

Question 12

Example of duty of care: Doctor/ patient

Answer 12

Adomako

Question 13

Example duty of care: driver/ pedestrian

Answer 13

R v Andrews

D drove a van above the speed limit, overtook a car and hit a pedestrian who died

Question 14

Example of duty of care: driver and passenger

Answer 14

R v wacker
D smuggled illegal immigrants into the uk, they died due to lack of oxygen in the truck
He was convicted on GNM

Question 15

What does r v wacker also demonstrate

Answer 15

The differences in Ex Turpi causa in civil and criminal law

Question 16

What was decided in r v wacker in terms of Ex Turpi causa

Answer 16

In criminal law d still owes a duty of care to v, even if v is part of the crime
In tort of negligence under the principle of ex Turpi causa d does not owe v a duty of care
Usually in GNM tort of negligence ex Turpi causa principles and followed except in certain circumstances as in r v wacker

Question 17

Is there a breach of duty of care?

What legal principle does this follow

Answer 17

Tort of negligence

Question 18

What must d’s conduct be for a breach of duty of care

Answer 18

Must have gone below that of a reasonable and sober person following an objective test

Question 19

What if d posses a skill higher than that of the ordinary man?

Answer 19

A higher standard is expected of the ordinary person

Eg doctors measured up against the skills of the ordinary doctor

Question 20

Are allowances made for inexperienced drivers in breach of duty of care?

Answer 20

No they are measured to the standard of an ordinary driver

Question 21

Was there a risk that d’s conduct could Have caused death?

Where was the principle stated and confirmed

Answer 21

Adomako and confirmed in r v misra and others

Question 22

Legal principe and case facts of r v misra and others

Answer 22

There must be a risk of death from d’s conduct

Two doctors guilty of GNM. C of a made is clear risk of injury of risk to d’s health is insufficient only a risk of death will do

Question 23

What question arose from r v Singh

Answer 23

Would a reasonable person have foreseen a serious and obvious risk of death?

Question 24

Did the breach cause the victims death? Apply the rules of

Answer 24

Causation

Question 25

Which case gave the test for gross negligence

Answer 25

R v Bateman
Doctor accused of GNM when patient died giving birth, negligent because he caused serious internal damage but delayed sending v to hospital
Negligence was not gross

Question 26

When does negligence become gross as in r v Bateman

Answer 26

Conduct of d must involve such disregard for life and safety of others that it amounted to a crime
This was confirmed in Adomako and r v Andrews

Question 27

Where did the meaning of gross negligence come from?

Answer 27

R v Andrews
(Speeding car who killed pedestrian)

Where it was decided that d’s negligence must go beyond that of tort of negligence so the degree of negligence must be very high

Question 28

Why will law lords not provide a definition for GN / provide statutory clarification

Answer 28

Too complicated for jury to understand however it is confusing and mixes both civil and criminal law

Question 29

What does Khan and Khan confirm

Answer 29

Confirmed where d has a duty to act and someone dies as a consequence of d’s acts or omissions d can be liable for GNM

Question 30

Obiter from Khan and Khan

Answer 30

Duty situations were likely to be quite extensive

Question 31

Case facts of Khan and Khan

Answer 31

D supplied heroine and v invested it then collapsed. D left v and came back to find him dead
There is a duty to summon medical assistance in certain circumstances
Khan and Khan conviction was quashed in the court of appeal due to a misdirection by the trial judge in the court of first instance

Question 32

What is gross negligence manslaughter: civil or criminal

Answer 32

Negligence is civil law but gross negligence is criminal

Gross negligence manslaughter is when gross negligence leads to death