Gross Negligence Manslaughter

Question 1

5 Steps for GNM

Answer 1

1) Duty of care exists
2) Breach of duty was present
3) There was a risk of death
4) Causation
5) Considered by the jury

Question 2

What is GNM?

Answer 2

An offence concerning the death through lawful acts that have been negligent

Question 3

Bateman

Answer 3

A disregard to health and safety can amount to death

Question 4

Andrews

Answer 4

Very high degree of negligence required to prove GNM

Question 5

Kent v Griffiths

Answer 5

DOC: Forseeable

Question 6

Bourhill v Young

Answer 6

DOC: Proximity

Question 7

Young and CC v Hampshire

Answer 7

DOC: Fair, just and reasonable

Question 8

Litchfield

Answer 8

BOD: They breached a contractual duty

Question 9

Wacker

Answer 9

BOD: Cannot use a civil claim if they’re both the D and C

Question 10

Adomako

Answer 10

ROD: Must show there was a risk of death
CBJ: “Whether conduct of D was so bad in all circumstances as to amount to a criminal act or omission”

Question 11

Singh

Answer 11

ROD: Reasonable person must foresee death, not just injury

Question 12

Pagett (GNM)

Answer 12

C: But for test

Question 13

Smith (GNM)

Answer 13

C: Substantive and operative cause

Question 14

Finlay

Answer 14

CBJ: Given your own factors but Jury decide if able to claim through GNM