Involuntary Manslaughter: Gross Negligence Manslaughter

Question 1

Gross negligence manslaughter

Answer 1

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

Question 2

Adamako 4 part test

Answer 2

must be a duty of care to the v
must be a breach of that duty which should be grossly negligent and therefore a crime
breach must cause or significantly contribute to the death of the v
breach must be gross

Question 3

Duty of care

Answer 3

Can be contractual - pittwood
Can be taken on voluntarily - stone v dobinson

Question 4

Wacker 2002

Answer 4

d agreed to bring 60 illegal immigrants in lorry
closed the 1 air vent to avoid detection
58 immigrants suffocated

Question 5

Risk of death

Answer 5

“risk to the health and welfare” stone v dobinson
“disregard for the life and safety of others” bateman

Question 6

Risk of death
Case

Answer 6

misra 2004
doctors treating v in post op care
v developed infection which wasn’t diagnosed or treated
v died

Question 7

Negligence must be gross

Answer 7

the negligence bust be gross as per bateman 1925
held that gross is when it goes beyond a matter of mere compensation and shows disregard for the life and safety of others

Question 8

Gross negligence
Objective test

Answer 8

doesn’t matter if the D didn’t see the risk, only that the risk of death would be obvious to a reasonable person