Gross Negligence Manslaughter (homocide)

Question 1

According to the House of Lords judgement in Adomako what are the four requirements of gross negligence manslaughter

Answer 1

1) the defendant owned the victim a duty of care
2) the defendant breached his duty of care
3) the breach of duty caused the death of the victim
4) the breach of duty should be characterised as gross negligence and therefore as a crime

Question 2

The defendant owned the victim a duty of care

Answer 2

• whether a duty exists is a question for the trail judge and should be determined by applying the law of tort (Adomako [1995])

-