7.3.2 GNM Involuntary Manslaughter

Question 1

4 Elements of GNM

Answer 1

(R v Adomako)
1. There was a duty of care to the victim
2. A breach of the duty which caused the death
3. Gross negligence so bad jury sees it as criminal
4. Was a risk of death

Question 2

Shoehorn case for GMM

Answer 2

(R v Adomako)
- defined the 4 elements

Question 3

1st Element of GNM, 8 D.O.C’s

Answer 3

• Statutory Duty to act (Road Traffic Act)
• Duty through official poisition (R v Dytham)
• Duty through contract (R v Pittwood)
• Duty through relationship (R v Gibbins+Proctor)
• Duty taken on (R v Stone and Dobinson)
• Duty through dangerous situation (R v Miller)
• Duty to criminal counterparty (R v Wacker)
• Duty after sale of drugs with no info (R v Khan and Khan)

Question 4

1st Element of GNM what test is used to find a D.O.C

Answer 4

(Caparo v Dickman)
- damage foreseeable
-sufficient proximity
-fair, just and reasonable to impose duty

Question 5

2nd element of GNM

Answer 5

Whether there was a breach of duty is decided factually jury, general causation rules

Question 6

3rd/4th element of GNM

Answer 6

The gross negligence has to be beyond a matter of compensation and showed such disregard for the life of other (R v Adomako)
The risk of death must be serious and obvious, with obvious meaning (R v Rose):“clear and unambigious”