LAW P1 CRIM (INVOL MANSLAUGHTER GNMS)

Question 1

What is gross negligence manslaughter?

Answer 1

Gross negligence manslaughter is a form of involuntary manslaughter.

Involuntary manslaughter may arise where the defendant has caused death but neither intended to cause death nor intended to cause serious bodily harm, and thus lacks the mens rea for murder

Question 2

What are the rules that must be satisfied for GNMS and which case did they come from?

Answer 2

The rules were established in R v Adomako:

• the defendant must owe a duty of care to the victim
• the defendant breached the duty
• the breach of duty caused death
• the defendants conduct was so bad in all the circumstances as to amount in the jury’s opinion to a crime

Question 3

What are the cases for GNMS?

Answer 3

• R v Evans, the defendant owed an existing duty of care to the victim
• R v Adomkao, the defendant negligently breached the duty of care
• R v Broughton, the breach made a significant contribution to the death of the victim
• R v Misra and srivastava, the circumstances of the breach were truly and exceptionally bad and so it amounted to gross negligence