Gross negligence manslaughter

Question 1

What is covered by the act of gross negligence manslaughter?

Answer 1

1. Must have a duty of care
2. Must be a breach of duty
3. Must be a risk of death and it must cause death
4. Mens rea

Question 2

What was established in the case of R V Adomako?

Answer 2

D was anaesthetist in charge during the latter part of an operation. Oxygen tube became disconnected which failed to notice for 6 mins, patient died.
Evidence he may not have been in the room.

• Abolished reckless act manslaughter and defined the new common law offence of gross negligence manslaughter.

Question 3

What is meant by a duty of care?

Answer 3

You owe a duty of care to those who are closely and directly affected by your acts or omissions.

R V Wacker:

• Smuggled 60 immigrants into UK in a lorry, 58 suffocated as he closed air vent.
• Guilty of gross negligence and principle of ex turpi causa.

Question 4

Duty of care is based around omissions, what are the situations where you will always owe a duty of care?

Answer 4

1. Special relationship
2. Contractual duty
3. Professional duty
4. Creation of a dangerous situation
5. Voluntarily accept responsibility
6. Statutory

Question 5

What is meant by breach of duty?

Answer 5

Means when the defendant has fallen below the standard of care expected by the ordinary reasonable man.
Will be judged against person in a similar situation e.g. doctor against doctor.

R V Becker:

• Died from overdosed of the painkillers the doctor prescribed.
• Not guilty as he had not fallen below the standard of care expected and other doctors would have done the same in his situation.

Question 6

What is meant by risk of death and must cause death?

Answer 6

‘Circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death not merely injury.’ (Objective)

R V Singh:

• Managed block of flats, tenant died due to carbon monoxide poisoning. Many other flats also unsafe.
• Contractual duty of care and obvious and serious risk of death.

Question 7

What is the mens rea for gross negligence manslaughter ?

Answer 7

‘Showed such a disregard for the life and safety of others that they are deserving of punishment.’
- Established in R V Bateman.