Gross Negligence Manslaughter

Question 1

Q: What is manslaughter by gross negligence?

Answer 1

A charge of manslaughter may be brought where a person, by an instance of gross negligence, has brought about the death of another. The ingredients of this offence essentially consist of death resulting from a negligent breach of a duty of care owed by the defendant to the victim in circumstances so reprehensible as to amount to gross negligence.

Question 2

Q: What elements must be proven for gross negligence manslaughter?

Answer 2

1. The existence of a duty of care owed by D to V
2. A negligent breach of that duty in circumstances so reprehensible as to amount to gross negligence
3. Causation- that the grossly negligent breach of duty caused the death of V

Question 3

Q: Who decides if D’s conduct amounts to gross negligence?

Answer 3

Whether a defendant’s conduct will amount to gross negligence is a question of fact for the jury to decide in the light of all the evidence (Bateman 1925)

Question 4

Q: What counts as gross?

Answer 4

Case law tells us that it means something more than the amount of negligence that would lead to a civil action for damages, and it is more than mere recklessness.

Question 5

Q: What test was established in Adomako?

Answer 5

‘. . . whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount in their judgment to a criminal act or omission’

Question 6

Q: Can you bring proceedings for gross negligence manslaughter against a company?

Answer 6

It is not possible to bring proceedings for gross negligence manslaughter against a company or other organisation to which the offence under the Corporate Manslaughter and Corporate Homicide Act 2007 applies (s. 20 of the Corporate Manslaughter and Corporate Homicide Act 2007)