Gross negligence manslaughter Flashcards
Define gross negligence manslaughter.
Committing manslaughter by breaching a duty of care to the victim in a very negligent way, causing the death of the victim.
How can gross negligence manslaughter be committed?
By an act or omission, which does not have to be unlawful.
What is the leading case for Gross Negligence Manslaughter?
Broughton (2020).
What was the previous leading case?
Adomoko (1994).
What are the three elements of gross negligence manslaughter?
- The existence of a duty of care towards the victim.
- A breach of that duty of care which causes death.
- Gross negligence which the jury considers to be criminal.
Which four cases can be used for duty of care regarding gross negligence manslaughter?
Singh,
Litchfield,
Khan and Khan,
and Wacker.
Explain the case of Singh (1999).
D, a landlord, of a house where V, the tenant, died of carbon monoxide poisoning, caused by a gas boiler.
D owed V a duty of care through the tenancy agreement
breached as D had sufficient information about the defective gas boiler and took no action.
D guilty of gross negligence manslaughter.
Explain the case of Litchfield.
D, owner, and master of a ship that crashed and three crew members died.
D owed the crew a duty of care, through a contract.
Breached by steering an unsafe course and relying on failing engines.
D guilty of gross negligence manslaughter
Explain the case of Khan and Khan.
The defendants supplied a young prostitute with heroin. She injected herself in their presence but went into a coma.
The defendants left the flat and when they returned the next day she was dead.
The CoA quashed their conviction for unlawful act manslaughter as they had not done an unlawful act. The omission was not enough for an unlawful act of manslaughter.
Explain the case of Wacker.
D smuggled people in a truck but forgot to put the oxygen valve on, killing 58 people. D was convicted of manslaughter.
Explain the CONTRASTING case of Bateman.
The doctor failed to notice that a woman had a prolapsed womb when giving birth, so she died. CoA quashed the defendant’s conviction.
Explain the case of Misra and another.
The defendants were cancer aftercare specialists. They failed to recognize that the patient was severely ill, resulting in their death. They were charged with the death of the patient.
`
Broughton.
Explain the case of Broughton.
The victim died at a festival after taking a class-A drug supplied by her boyfriend (Broughton). He filmed her reaction and did not call for help. He was convicted of gross negligence manslaughter.
What is the 6 part test for gross negligence manslaughter as seen in Broughton?
- The defendant must owe a duty of care to the victim.
- The defendant must breach that duty of care.
- At the time of the breach there must be a serious and obvious risk of death.
- it must be reasonably foreseeable at that time that the breach gives rise to a serious and obvious risk of death.
- The breach must cause or significantly contribute to the death of the victim.
- The jury must consider that the breach justifies criminal sanction.
