Gross Negligence Manslaughter

Question 1

Stage 1 - did D owe V a duty of care?

Answer 1

Lord Mackay in Adamako - ordinary principles of negligence apply such as proximity
Evans - if D contributed to a state of affairs that is life threatening then a further duty arises to take reasonable steps
Wacker - even if D and V are jointly engaged in a crime, they still owe each other a duty of care

Question 2

Stage 2 - was there a breach of that duty by the D?

Answer 2

D’s conduct must have gone below the standard expected of a reasonable person

Question 3

Stage 3 - was the breach of duty “gross”

Answer 3

Lord MacKay - was the breach so serious in all the circumstances that it ought to be a crime?
Lord Taylor - indifference to an obvious risk of injury
Bateman - something which went beyond the matters of compensation and showed such disregard for the life and safety of another is a crime
Mista - only gross if risk of death