Gross Negligent Manslaughter [Fatal Offences] Flashcards
What is GNM?
GNM is an offence in which D causes the death of the victim by behaving in a negligent way by an act or omission (Adomako).
What is the FIRST element?
A DOC from D to victim must first be established. The concept of a DOC was first seen in Donoghue v Stevenson and says ‘you must take care to avoid acts or omissions that you can reasonably foresee may injure your neighbour’, with a neighbour being someone affected by your actions.
In the case of Robinson, it was established that if a case deals with a DOC that already exists, the three part Caparo test need not be used.
What are some examples of DOCs? (Doctor, Parent, Driver and CoDS)
- Doctor to Patient (Adomako)
- Parent to Child (Harris and Harris)
- Driver to Passenger (Wacker)
- Creation of a dangerous situation (Evans)
What is the SECOND element?
It must be established that the DOC has been breached. As set out in Blyth v Birmingham Water Works, ‘a D breaches a DOC when they fall below the standard of a reasonable person doing the same job’.
It must be noted that learners are compared to the qualified (Nettleship v Weston), professionals are compared to professionals (Bolam v Friern Barnet Hospital), children are compared to children of a similar age (Mullins v Richards) and in regards to a level of skill, an ordinary person is compared to an ordinary person (Wells v Cooper)
What must be mentioned AFTER the SECOND element?
Causation
What is the THIRD element?
It must be proved that D’s actions were grossly negligent. The rule on this was set out in R v Bateman as ‘[the conduct] goes beyond a mere matter of compensation and showed such disregard for the life and safety of others as to amount to a crime and criminal punishment’.
What is the FOURTH element?
Lastly, there must have been a clear risk of death from the actions of D (Misra)(Rudling).
What is the maximum sentence?
18 years imprisonment
What is the FIFTH element?
The Reasonable Person must have been able to foresee a clear risk of death, not just of injury (Broughton).
