Involuntary Manslaughter - GNM

Question 1

How is gross negligence manslaughter committed?

Answer 1

d owes a duty of care but breaches that duty in a very negligent way causing the death of v

Question 2

What is the maximum sentence for gross negligence manslaughter

Answer 2

Life in prison

Question 3

Which case sets out the test for Gross negligence manslaughter?

Answer 3

Adomako

Question 4

What are the 5 actus reus elements of Hross negligence manslaughter

Answer 4

There must be a duty of care which is breached, causing death. The negligence must be sufficiently gross and there must have been a risk of death from D’s conduct

Question 5

What is not required for the offence?

Answer 5

Mens rea

Question 6

Give the facts of Litchfield

Answer 6

D was the master of a ship that crashed resulting in the death of 3 crew members

Question 7

Give the ratio of Litchfield

Answer 7

D owed a contractual duty to his crew

Question 8

Give the facts of Adomako

Answer 8

D was an anaesthetist who failed to fit a breathing tube properly resulting in Vs death

Question 9

Give the ratio of Adomako

Answer 9

D owed a contractual duty

Question 10

Fill the blank:

The rules of ___________ apply to gross negligence manslaughter

Answer 10

Causation

Question 11

Give the facts of Bateman

Answer 11

D was a doctor who did not send v to hospital for 5 days, she died as a result

Question 12

Give the ratio of Bateman

Answer 12

He had not been grossly negligent because he carried out the normal procedures that any competent doctor would have done

Question 13

Give the facts of Finlay

Answer 13

D was a scout leader who failed to follow safety procedure and a 10 year old died

Question 14

Give the ratio of Finlay

Answer 14

There was insufficient disregard for life to amount to gross negligence

Question 15

Give the facts of Edwards

Answer 15

D’s allowed their children to play near railway tracks and they were killed by a train

Question 16

Give the ratio of Edwards

Answer 16

There was a sufficient disregard for life to amount to gross negligence

Question 17

Who decides if the negligence is sufficiently gross?

Answer 17

The jury

Question 18

What did Bateman say the test for risk of death was?

Answer 18

Disregard for the safety and life of others

Question 19

What did Stone and Dobinson say the test for risk of death was?

Answer 19

Said it was sufficient for there to simply be a risk to the health and welfare of the victim

Question 20

What did Adomako say the test for risk of death is

Answer 20

“Risk of death” cause by D’s conduct

Question 21

What does the defendant not need to form?

Answer 21

Any mens rea