Gross Negligence Manslaughter

Question 1

Established the neighbour principle of “you must take reasonable care to avoid acts/omissions which you could reasonably foresee would be likely to injure your neighbour”

Answer 1

R v Donoghue & Stevenson 1932

Question 2

D broke his contractual duty of care after failing to maintain the property after a faulty has fire led to the death of the tenants.

Answer 2

R v Singh 1999

Question 3

D smuggled illegal immigrants into Britain. He caused the death of 58 people after failing to ensure they had an air supply. He claimed that he had no duty of care due to those who died because they were parties to his illegal act. This was rejected

Answer 3

R v Wacker 2002

Question 4

C of A said that risk of injury or a risk to V’s health was insufficient, it must be a risk of death.

Answer 4

Misra and Another 2004

Question 5

Established a test for gross negligence. V died whilst giving birth after D had caused serious internal damage and had delayed sending V to hospital. Decided he not grossly negligent because D’s conduct must involve such disregard for the life and safety of others as to amount to a crime

Answer 5

R v Bateman 1925

Question 6

D drove a van at speed and overtook another car. In doing so he killed V, a pedestrian. D’s disregard for the life and safety of others must be such as to amount to a crime.

Answer 6

Andrews v DPP

Question 7

Confirmed the existence of GNM

Answer 7

R v Adomako 1995