Involuntary Manslaughter- Gross Negligence

Question 1

Leading case & defined in…….

Answer 1

The leading case for gross negligence is R v Bateman and it was defined in R v Adomako

Question 2

Duty of care (A.R.)

Answer 2

A duty of care is established using the neighbour principle from Donoghue v Stevenson
The neighbour principle was replaced by the Caparo test from Caparo Industries v Dickman:
1. Foreseeability
2. Proximity
3. Fair, just & reasonable
R v Singh: the defendant owed the victim a duty of care through a tenancy agreement
R v Lichfield: the defendant owed the victim a duty of care through a contract

Question 3

Breach of duty (A.R.)

Answer 3

The defendant has fallen below the standard of care expected of the reasonable man
The breach must be serious~ R v Adomako
The jury is responsible for taking into account all the evidence and deciding whether the breach of duty was serious enough to amount to gross negligence

Question 4

Risk of death (A.R.)

Answer 4

The risk of death requirement of gross negligence manslaughter is regarded as an objective test
However, in R v Lichfield, the Court of Appeal favoured the subjective test

Question 5

Mens Rea (M.R.)

Answer 5

The mens rea of gross negligence manslaughter is gross negligence
This is a subjective test