Gross Negligence Manslaughter (Paper 1)

Question 1

What is theefinition of gross negligence manslaughter

Answer 1

Where a duty of care has been breached, and this leads to the death of the victim

Question 2

Which case established a 4 stage test for GNM

Answer 2

Adomako

Question 3

Stage 1 of GNM

Answer 3

Did D owe the victim a duty of care

Question 4

What was the decision in Wacker

Answer 4

If D and the victim are jointly engaged in a crime, they still owe each other a duty of care

Question 5

Stage 2 of GNM

Answer 5

Was there a breach of duty

Question 6

What is meant by the reasonable man test

Answer 6

Have D’s actions fallen below the standard expected of a reasonable person

Question 7

Stage 3 of GNM

Answer 7

Did the breach involve a risk of death (Misra)

Question 8

Stage 4 of GNM

Answer 8

Was the breach of duty ‘gross’

Question 9

What was the decision in Bateman, confirmed in Adomako

Answer 9

A breach is ‘gross’ if D showed a total disregard for the life and safety of others and it is so bad it ought to be a crime