Gross Negligence Manslaughter (involuntary) Flashcards
Define, actus reus, causation, mens rea, defence, conclusion
Define gross negligence manslaughter
… Could potentially amount to gross negligence manslaughter
Involuntary is unlawful killing of a human being under queen’s peace without Malice aforethought
Two types - unlawful act and gross negligence manslaughter
GNM defined as a dangerous civil wrong that results in death. Jury must decide whether D was grossly negligent and caused Vs death
Actus reus
Requires that there was a risk of death from Ds act or omission (objective test)
D owes V a DOC, breaches it and causes death of V (Adamako)
Risk of death through Ds act or omission
D needs to owe V a DOC. Can be established by normal rules of negligence (caparo v dickman) or D had a common law duty to act (stone and Dobinson)
Breach of duty though falling below standards of a reasonable person (adamako) or through common law duty to act (stone and dobinson) omission, failure to act
Causation
Establish Vs death was caused by D. Causation in fact (Pagett) or law (Jordan)
Self evident OR
Causation template
Mens rea
Requires D to breach his duty in a grossly negligent manner. In Bateman (1925)gross negligence was defined as showing “such disregard of life and safety of others as to amount to a crime against the state and conduct deserving punishment.”
Adamako states “conduct was so bad in all circumstances as to amount to a criminal act or omission”
Jury decides whether D was grossly negligent
In this case D…. Was grossly negligent as he showed such disregard for the life and safety of V as to amount to a crime (Bateman) and conduct was so bad in the circumstances to amount to a criminal act or omission (adamako). Therefore D arguably has /doesn’t have the men’s rea for gross negligence manslaughter
Defences
Apply defences
Conclusion
In light of the above I believe D could potentially be guilty /not guilty. If found guilty D will be given a discretionary sentences of up to life
