Involuntary manslaughter - Gross negligence manslaughter

Question 1

What type of Law is GNM

Answer 1

Common law

Question 2

What is the elements (and its definition)

Answer 2

1- existence of a duty to care towards V
2 - breach of that duty that causes death
3 - a risk of death involved in D’s conduct
4 - GN which the jury considers to be criminal

Question 3

‘Duty of care ‘

Answer 3

Adomako - decided that the civil principle of negligence apply including neighbour principle in Donoghue v Stevenson.

Question 4

what happened in Litchfield

Answer 4

D, captain of ship, had sailed too close to the shore and also used contaminated fuel which caused engines to fail. Blown onto rocks, 3 crew members died.
CA, applying adomako held that D had been in breach f duty serious enough to amount to GNM as there were two risks - contaminated fuel and sailing too close to shore

Question 5

What happened in Wacker

Answer 5

D agreed to smuggle 60 immigrants into Britain in lorry. D closed air vents, 58 died
CA said D guilty of GNM, D had assumed duty of care and was grossly negligent.

Question 6

‘Breach of Duty’

Answer 6

once a duty of care is shown to exist, it must be proved that D was in breach of duty.

Question 7

‘Causation’

Answer 7

legal and factual

Question 8

‘Risk of Death’

Answer 8

Misra
The D’s were two hospital house doctors, failed to identify or treat V for an infection after his knee operation. V died.
CA held that the Adomako test for GNM was correct and did not breach D’s human rights. All 3 elements were present, D’s guilty of GNM

Question 9

‘Gross negligence’

Answer 9

Jury decide whether the negligence is gross
Bateman - D was a doctor attending V’s home to deliver child, there was a complication in which D failed to send V to hospital, V died.
CA said D was not guilty because the jury should only find D guilty if they think that D’s negligence was enough to amount to a crime.