Gross Negligence Manslaughter

Question 1

Adomako

Answer 1

anaesthetist failed to notice ventilator disconnected

Was there a duty of care?
Did D owe this DOC to V?
Was there a breach of DOC?
Did that breach cause the death?
Does this breach amount to GNM and is it bad enough to incur criminal liability?

Question 2

Evans

Answer 2

Gave sister drugs and noticed she was overdosing but didn’t call for help.

Guilty of GNM through failure to act omission because of the informal assumption of responsibility.

Question 3

R v DPP

Answer 3

‘truly exceptionally bad’ test for grossness

“doing something which showed such indifference to an obvious serious risk of life which showed such a departure from the standard to be expected”

Question 4

Seymour

Answer 4

Dangerous driving.

Applied Caldwell recklessness objective test, got SRM and GNM confused.

Question 5

Winter and Winter

Answer 5

Owned fireworks over the amount they were allowed and it caused death of someone.

Claimed not their fault because V shouldn’t have been there but it was held they had a duty of care.

Question 6

Bateman

Answer 6

Ruptured organs.

“negligence showed such disregard to life and safety of others as to amount to a crime”

Question 7

Misra & Srivastava

Answer 7

Missed infection of patient.

Held there was no uncertainty in Adomako.

Question 8

Sellu

Answer 8

Expert evidence is crucial to explain seriousness to jury.

Question 9

Wacker

Answer 9

Lorry driver bringing immigrants closed container.

Normally parties to a criminal enterprise cannot sue each other but he was liable.

Question 10

Zaman

Answer 10

Gave customer food containing peanuts even though he had an allergy.

GNM