Involuntary manslaughter (gross negligence manslaughter)

Question 1

Where were the rules of negligence manslaughter established and in what case

Answer 1

In the case of Adomako by the house of lords

Question 2

What is the Adomako four part test

Answer 2

1. Duty of care
2. Risk of death
3. Breach that caused death
4. Breach is so gross that it is criminal

Question 3

What did the case of Misra signify

Answer 3

Court of appeal agreed on the Adomako test and stated that there must be a risk of death and not just a risk of harm.

Question 4

What are the duties of care

Answer 4

Duty due to a relationship ( gibbins and proctor)
A duty taken voluntarily ( Stone & Dobinson)
Duty to minimise harm of your own creation (miller)
Contractual obligation (Pittwood)

Question 5

What is the breach of duty

Answer 5

this is when the defendant has fallen below the standard of care expected this ties into the risk of death

Question 6

What is gross negligence

Answer 6

The jury must decide if the breach was gross enough to warrant criminal liability