Gross Negligence Manslaughter Flashcards
GROSS NEGLIGENCE MANSLAUGHER
When D is engaged in prima facie lawful activity, from which death results
Criteria for Gross Neg. Manslaughter conviction
1) D must owe V duty of care
2) D must have been in breach of that duty.
3) Causation
4) DID THE BREACH AMOUNT TO GROSS NEGLIGENCE? WAS BREACH SO GROSSLY NEGLIGENT THAT DEATH WAS FORESEEABLE?
R. v ADOMAKO [1995]
Authoritative case on GNM:
Anaesthetist - tube disconnected - took him 4 and a half minutes to realise something was wrong - checks failed to reveal the disconnection. Operation was a simple eye exam - cardiac arrest.
H of L: GROSS NEG - failing to notice such obvious signs.
Any competent anaesthetist would have noticed in 15 secs.
LORD MACKAY:
The q for jury is whether the conduct of D was SO bad in the circumstances as to amount in their judgement to a criminal act or omission.
Criticism: jury test - too much discretion/uncertainty - circular test - no guidance on how bad the conduct must be - just ‘so bad’.
Should be a subjective test?
R. v WACKER
Driving illegal immigrants into UK - D left only source of ventilation shut for 10 hours - 58 died.
Even though no DoC in tort when committing a crime, THERE CAN STILL BE A DoC AS SUCH IN CRIMINAL LAW - OWED TO EACH OTHER.
R. v Kite and OLL Ltd
Canoe club - 4 child deaths
Criminal liability under GNM rather than tortious as had been warned the year before that the safety arrangements were in breach of the Canoe Union guidelines - thus had prior warning - ignoring of which = grossly negligent.
CHRISTOPHER MCGEE
Train operator - could see drunk girl leaning against carriage - gave signal for train to go ahead regardless.
Conviction for GNM upheld.
R. v MISRA
2 doctors failed to treat obvious infection - patient died.
GNM conv.
Appealed - argued that circular jury test was breach of Art. 6 and 7 rights.
Dismissed - q for jury - ignored prior criticisms and REINFORCED ADOMAKO.
‘May be convicted of GNM in absence of evidence as to the state of his mind.’
R. v DPP ex parte Jones [2000]
Example of GNM being applied more strictly outside of the medical profession.
CPS guidelines add 5th limb to requirements for GNM
BADNESS
‘something more than a serious error of judgement…something dirty the jury can latch on to’.
