involuntary manslaughter- gross negligence manslaughter

Question 1

How many aspects and defined in ..

Answer 1

5 aspects must be satisfied, defined in Adamako and later Broughton(2020)

Question 2

1.

Answer 2

D must owe a duty of care(singh)Evans describe a duty of care as ‘ D’s conduct carrries a forseeable risk to those around them’
Can arise from established relationships - Doctor to patient(adamako), landlord to tenant, employer to employee
Up to the jury to decided(willoughby)

Question 3

2.

Answer 3

D must breach their duty.This means they must fall below the reasonable standard of care test (blyth v birmingham waterworks)

Question 4

3.

Answer 4

The breach must be the cause of the death - causation- factual &legal

Question 5

4.

Answer 5

Must be a serious and obvious risk of death (rose,kuddus,rudling)

Question 6

5.

Answer 6

Must be grossly negligent. This means enough to make D criminally liable in the eyes of the jury. This is later defined as ‘ Conduct so bad in all the circumstances, displaying disregard for the life and safety of others, that can amount to a crime’ - bateman, later adamako.
Sellu- Judge must give the jury some guidance.