Involuntary Manslaughter- Gross Negligence Mansalughter (GNM)

Question 1

Give an Introduction for Involuntary Manslaughter- GNM

Answer 1

• Involuntary manslaughter- no MR for killing. 2 Types: UAM, GNM
• GNM is committed when D owes V a duty of care but breaches that duty in a very negligent way, causing the death of V
• Committed by an act or omission (neither of which have to be unlawful)
• Max sentence is life imprisonment- gives judge discretion when sentencing.
• R v Adomako establishes the 4 elements of GNM: Existence of a duty of care by D towards V, Act or omission breaches duty (creating serious + obvious risk of death), breach causes death, breach must amount to gross negligence- conduct so bad in all circumstances as to be criminal conduct

Question 2

Explain the First element of GNM: Existence of a Duty of Care by D towards V.

Answer 2

Can be established in 1 of 2 ways:
1) Ordinary principles of negligence in civil law
2) Because D created a state of affairs

Ordinary Principles of Negligence in Civil Law:
- R v Adomako: confirmed test for duty of care in civil law applies
- Donoghue v Stevenson: Usually enough to refer to damage to V being reasonably foreseeable, or V being closely + directly affected by D’s act or omission
- Caparo v Dickman: 3-point test for duty of care being owed
- Robinson: Caparo 3 point test should only be used in new cases to establish a duty of care

Duty of Care in a Criminal Act under Negligence:
- R v Wacker: duty of care even though he was committing a crime
- Willoughby: confirmed decision in Wacker by stating even though D + V were engaged in crim activity, didn’t prevent D owing V a duty of care in crim law

Duty of Care’s Owed as D Created a State of Affairs:
- R v Evans: confirmed duty of care can exist when D has created a state of affairs that he knows can become life threatening

MUST state if + how duty of care was owed; through ordinary principles of neg OR through D creating state of affairs

Question 3

Explain the Second element of GNM: Act or Omission Breaches Duty of Care (Creates Serious + Obvious Risk of Death)

Answer 3

• If Act breaches duty; need to say what act + confirm it was voluntary (doesn’t need to be unlawful). Hill v Baxter: voluntary act
  If omission breaches duty; need to include 6 + 1, Stephen J quote: ‘A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned. A has committed no offence’

Question 4

Explain the Third element of GNM: Breach of Duty causes Death.

Answer 4

Must be proved that the breach caused death of V- to show this go through rules on causation (factual + legal)
R v Broughton (2020): shows breach of duty was the factor that actually caused the death

Question 5

Explain the Fourth element of GNM: Breach of Duty Must Amount to Gross Negligence.

Answer 5

In the view of the jury, circumstances of breach must be so reprehensible as to justify a conclusion amounting to GNM + required criminal sanction.
Bateman: negligence has to be gross, to be seen as criminal. Just being negligent isn’t enough to convict someone of GNM
R v Adomako: approved test in Bateman
R v Misra + Srivistava: must be an obvious risk of death
R v Dias: D has supplied a drug to V who self-injects then dies, D could be liable for GNM