3.11)Gross Negligence Manslaughter

Question 1

What type of offence is “Gross Negligence Manslaughter”

Answer 1

It is a common law offence confirmed by R v Broughton

Question 2

What is the test for “Gross Negligence Manslaughter”

Answer 2

1)Duty of Care
2)Breach of Duty
3)Risk of Death
4)Foreseeability
5)Breach must cause Death
6)The Breach is Gross

Question 3

What is meant by a Duty to Care

Answer 3

D behaviour carries a foreseeable risk around them

Question 4

What is meant by a Breach of the Duty of Care

Answer 4

An omission or action by D that falls below reasonable standards

Question 4

What is meant by “Risk of Death”

Answer 4

Breach must cause a serious and obvious risk of death

Question 5

What are the rules to see if “Gross Negligence” causes Vs death

Answer 5

Normal Causation Rules

Question 6

What does “R v Broughton [2020]” entail

Answer 6

D gave his girlfriend drugs, and she had a bad reaction, and D didn’t call for medical assistance straight away and with assistance there were a 90% chance she would survive