Gross Negligence Manslaughter

Question 1

R v Adomako

Answer 1

• During operation, an oxygen became disconnected and the patient died.
• The anaesthetist appellant failed to notice or respond to obvious signs of disconnection.
• Basis of GNM
• Law of negligence applies to ascertain whether D has been in breach of duty of care towards V.
• If breach is established, did it cause the death of V?
• If so, was it GN and therefore a crime.

Question 2

R v Misra

Answer 2

• V was D’s patient. V developed an undiagnosed and untreated infection in a wound, despite obvious symptoms.
• Breach must be Gross.
• Jury to decide whether D’s behaviour was grossly negligent and consequently criminal.