Gross Negligence Manslaughter - Paper 1

Question 1

What is the definition of gross negligence manslaughter?

Answer 1

A duty of care is breached and leads to the victim’s death

Question 2

Which case gave a 4 stage test for GNM?

Answer 2

Adomako

Question 3

Which case developed the test from Adomako?

Answer 3

R v Broughton

Question 4

What is Stage 1 of GNM?

Answer 4

D must owe V a duty of care

Question 5

What are the elements required for a duty of care as established in Donoghue v Stevenson?

Answer 5

1) Foreseeability
2) Proximity
3) Fairness

Question 6

What was the decision in Wacker?

Answer 6

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

Question 7

What is Stage 2 of GNM?

Answer 7

D must have breached the duty of care

Question 8

What is they key question that must be asked under Stage 2?

Answer 8

Has D fallen below the standards of the ordinary reasonable person with the same level of skill and expertise

Question 9

What is Stage 3 of GNM?

Answer 9

Did the breach of duty involve a risk of death

Question 10

What is the key case for Stage 3?

Answer 10

Singh

Question 11

What is Stage 4 of GNM?

Answer 11

Did the breach of duty cause the death of V

Question 12

What is Stage 5 of GNM?

Answer 12

Was the breach of duty gross

Question 13

What does gross mean?

Answer 13

The breach is so bad it ought to be a crime, and D must show a total disregard for the life and safety of others