Gross Negligence Manslaughter Flashcards
Test for Gross Negligence Manslaughter (GNM)?
Adamako 1995
Adamako Test?
- Did D owe V a Duty of Care?
- Did D breach Duty of Care?
- Did Breach cause Vs death?
- Was Breach so gross as to be a crime?
Duty of Care:
A duty of care is owed to anyone who might be harmed by your actions.
EG: Captain to his crew Litchfield [1998]
Did D breach duty of care?
This is an objective test.
Jury asks if Ds actions fell bellow standards of reasonable person.
If D claims to exercise skill, the test observes whether D was exercising skill to the standards of reasonable person who also has that skill.
Did breach cause Vs death?
The breach (not the defendant) must have caused Vs death.
Hayward 1908
Was the breach so gross as to be a crime?
This is an objective test in Singh (Gurpal).
Looks at whether a reasonable and prudent person would have foreseen a serious and obvious risk of death.
Who decides where Duty can arise?
Whether a duty can arise is a question of law.
Whether it did actually arise is for the jury to decide.
Khan and Khan [1998]
