Gross Negligent Manslaughter

Question 1

Whats the leading case of Gross negligent manslaughter

Answer 1

Adamako

Question 2

Can GNM be committed by an omission

Answer 2

Yes

Question 3

What are the 5 elements of GNM

Answer 3

• d owes v a duty of care
• d breached duty
• breach created reasoably foreseeable, serious and obvious risk of death
• it caused the death of the V
• the negligence was gross

Question 4

Whats used to establish a duty of care

Answer 4

The ordinary principles of negligence

Question 5

What are the 8 duty’s of care already present, use cases

Answer 5

• voluntary assumed responsibility (stone and dobbinson)
• contract (Pittwood)
• public office (r v Dytham)
• relationship (Gibbins and proctor)
• create dangerous situation (miller)
• create dangerous situation he ought to have known was life threatening (Evans)
• spouse (smith)
• landlord to tenant (singh)

Question 6

What test is used when there isn’t already a duty of care present

Answer 6

Test from caparo and dickman- forseeability, proximity, fair just and reasonable

Question 7

What case speaks about what occurs when in the course of a criminal conduct

Answer 7

Walker- if D and V are acting in the course of criminal conduct, it doesn’t prevent a duty existing

Question 8

Who’s role is it to decide if a duty is present, what case says this

Answer 8

It’s the judges role to decide if duty is present (Willoughby)

Question 9

Whats the leading case for breach of duty and what was said

Answer 9

Adamako- ordinary principles of negligence apply when determining if D breached duty

Question 10

What case says how a duty is breached and what are the key points

Answer 10

Blyth v Birmingham waterworks- d breached duty if he has done something the RM wouldn’t do or failed to do something the RM would do

Question 11

What case is used for the 3rd element of GNM (breach created reasoably forseeable/obvious risk of death

Answer 11

R v broughton

Question 12

What does the case of broughton say about reasoably forseeable and obvious risk of death

Answer 12

Risk must be reasoably foreseeable and serious/obvious at time of breach, risk must be more than minimal

Question 13

What is obvious and serious defined as

Answer 13

Obvious- present, clear, immediately apparent
Serious- more than minimal/ remote

Question 14

What needs to be proved for ‘caused death of V’

Answer 14

Factual and legal cause

Question 15

What 2 cases are used for caused death of v

Answer 15

R v broughton
Evans

Question 16

What does the case of R v broughton say

Answer 16

He wasn’t the cause of death as there was still a 10% chance she would of died without his negligence

Question 17

What does the case of Evans say

Answer 17

Self injection not automatically amount to a NAI, breach occurred after the self injection

Question 18

What 2 cases define ‘grossly’ negligent

Answer 18

Adamako
Bateman

Question 19

What does Adamako say about negligence being gross

Answer 19

Conduct must be so bad to amount to a criminal act/omission

Question 20

What does Bateman say about negligence being gross

Answer 20

Grossly negligent= showing such disregard for life/safety of others as to amount to a crime

Question 21

What case says that a lack of care isn’t enough for gross negligence

Answer 21

Andrews