PAPER 1 GROSS NEGLIGENCE MANSLAUGHTER

Question 1

What is the AR of GNM?

Answer 1

It’s the same as any homicide offence e.g unlawful killing of a human being.

Question 2

According to Lord Mackay in Adomako what was said? Include example.

Answer 2

D must owe a duty of care to his victim. E.g between a lorry driver and passengers (Wacker)

APPLY- duty? Why?

Question 3

What is the second element of GNM?

Answer 3

There must be a breach of duty and D must fall below standards of the reasonable man.

Question 4

What type of test is the second element and what does it take into account?

Answer 4

Objective test taking the relevant risk factors into account.

APPLY- Who is D compared to? Relevant risk factors? Fallen below standard?

Question 5

Explain Causation?

Answer 5

D’s negligence must be the factual and legal cause of death

APPLY- but for test, any breaks in chain?

Question 6

What is the third element of GNM?

Answer 6

The degree of negligence must be gross.

Question 7

In Andrew’s what did the HL refer to the need for?

Answer 7

a very high degree of negligence

Question 8

In Adomako how did Lord Mackay refer to the conduct of the defendant being?

Answer 8

“So bad in all the circumstances as to amount to a criminal act or omission”

Question 9

What did Bateman describe “gross” as?

Answer 9

Showing a disregard for the life and safety of others

APPLY!

Question 10

What is the final test from Adomako according to Lord Mackay?

Answer 10

A need for a risk of death

APPLY