Gross Negligence Manslaughter Cases

Question 1

There are 5 elements that must be satisfied

Answer 1

ADOMAKO

Question 2

5 elements, more recently confirmed

Answer 2

Broughton (2020)

Question 3

D must have a duty of care

Answer 3

SINGH

Question 4

Duty of care said to apply wherever D’s conduct carries a foreseeable risk to those around them

Answer 4

EVANS

Question 5

It’s a matter for the jury to decide

Answer 5

WILLOUGHBY

Question 6

Duty will arise in established relationships

Answer 6

doctor-patient (ADOMAKO), landlord-tenant (SINGH) and employer/employee

Question 7

If relevant: both the defendant and the victim are engaged in criminal activity

Answer 7

WACKER

Question 8

If relevant: omission

Answer 8

STONE and DOBINSON, GIBBONS and PROCTOR

Question 9

If relevant: dangerous situation

Answer 9

MILLER

Question 10

If relevant: contractual duty

Answer 10

PITTWOOD

Question 11

Reasonable person standard of care test

Answer 11

BLYTH v BIRMINGHAM WATERWORKS

Question 12

Factual causation but for test

Answer 12

WHITE, PAGETT, HUGHES

Question 13

Legal causation significant more than minimal

Answer 13

SMITH, PAGETT

Question 14

If relevant: NAI- medical

Answer 14

CHESHIRE

Question 15

If relevant: NAI- thin skull rule

Answer 15

BLAUE

Question 16

If relevant: NAI- own act

Answer 16

ROBERTS, CORBETT, KENNEDY

Question 17

If relevant: NAI- third party

Answer 17

PAGETT

Question 18

Serious and obvious risk of death

Answer 18

ROSE, RUDLING, KUDDUS

Question 19

Gross negligence defined in … and approved in …

Answer 19

BATEMEN, ADOMAKO

Question 20

Judge must give some guidance to the jury

Answer 20

SELLU