Gross Negligence Manslaughter - Involuntary Manslaughter

Question 1

What is gross negligence manslaughter?

Answer 1

When the defendant’s breach of duty (negligence) was gross, meaning the defendant’s actions / omissions were so bad as to deserve a criminal conviction.

Question 2

What’s the first requirement of gross negligence manslaughter?

Answer 2

• A duty of care was owed by the defendant to the victim.
• Applies to anyone who may be foreseeably harmed by one’s actions, e.g. drivers to pedestrians.
• For the jury to decide, under Lord Mackay’s guidance in Adomako [1995].
• R v Jones & Titford [2023]

Question 3

What’s the second requirement of gross negligence manslaughter?

Answer 3

• The duty of care was breached.
• Objectively decided, specific circumstances are irrelevant.
• Did the defendant’s behavior fall below the standard expected of the reasonable person?
• R v Adomako [1995]

Question 4

What’s the third requirement of gross negligence manslaughter?

Answer 4

• The breach caused the death.
• Would the defendant have died if the defendant acted reasonably?
• Factual and legal causation rules
• Domestic Violence, Crime & Victims Act 2004

Question 5

What’s the fourth requirement of gross negligence manslaughter?

Answer 5

• Serious and obvious risk of death.
• For the jury to decide.
• Attorney - General’s Reference (No.2 of 1999) - unnecessary to demonstrate that the defendant foresaw a risk of death / if they did, more likely for the jury to find their negligence gross / doesn’t need to foresee death to be found guilty.
• Defendant can be convicted of subjective reckless manslaughter (the defendant killed the victim foreseeing a risk of death / serious injury) if this is the case.

Question 6

What’s the fifth requirement of gross negligence manslaughter?

Answer 6

• Were the defendant’s actions / omissions so bad as to deserve a criminal penalty?
• Mere non - criminal negligence would only warrant a financial penalty, criminal actions usually warrant a prison sentence.

Question 7

What’s the sentence for gross negligence manslaughter?

Answer 7

• 14 years.
• Men’s rea must be negligent, focusing on what the defendant knew and could reasonably do to protect the victim.

Question 8

Arguments for gross negligence manslaughter?

Answer 8

1. R v Adomako establishes a circular test – what is criminal is what should be criminal
2. Gross negligence manslaughter sits at the boundary between a criminal and regulatory offence, with nothing to distinguish it from the latter.
3. Largely decided by juries, who are unlikely to possess the relevant knowledge to determine whether someone’s behavior fell below relevant standards in e.g. a medical case.
4. Gross negligence introduces duty of care as part of men’s rea, but only for this one offence.
5. Relying on standard of conduct rather than foreseeability of failure/death means convicting defendants who show a lack of ability rather than lack of care