Gross Negligence Manslaughter

Question 1

What is the definition of GNM?

Answer 1

Committed when D owes the victim a Duty of Care but breached it in a very negligent way, causing death.

Question 2

In which two ways can GNM be committed?

Answer 2

Act or Omission

Question 3

What are the three elements in proving GNM?

Answer 3

1. Must be a Duty of Care owed
2. The duty must be breached, by act or omission, and cause death
3. Gross negligence occurs that the jury considers to be criminal

Question 4

Explain:

2. Breach of Duty that causes death

Answer 4

• Ordinary principles of Negligence apply
• Has the D fallen below the standard of care expected of him?
  Apply Causation: Factual, Legal, No Intervening Events

Question 5

Explain:

3. Gross Negligence

Answer 5

• Negligence must be considered ‘Gross’ by the jury
  R v Bateman:
  Gross = conduct which shows a disregard to the life and safety of others.
  R v Adomako:
  ‘The conduct of D was so bad in all the circumstances as to amount in their judgement to a criminal act or omission’
  R v Misra:
  Gross negligence will be found if there is a risk of death in D’s conduct