Involuntary manslaughter (gross negligence)

Question 1

What is the leading case for GNM ?

Answer 1

R V Broughton (2020)

Question 2

What are the requirements for GNM set out in
R V Broughton (2020) ?

Answer 2

The defendant must owe the victim a duty of care

The defendant must breach that duty of care

At the time of the breach there must’ve been a forseable, serious and obvious risk of death

The breach must cause or significantly contribute to the death of the victim

The jury must consider that the breach justifies criminal sanction

Question 3

What case can be used for if the victim owed a duty of care or not ?

Answer 3

R V Khan and Khan (1998)

Question 4

What is the mens rea element ?

Answer 4

D will be judged by their behaviour rather than their state of mind