GNM Flashcards
(15 cards)
What is Gross Negligence Manslaughter
Where the defendant owes the victim a duty of care but breaches that duty in a very negligent way causing the death of the victim
How is GNM committed
By an act or omission neither of which need to be unlawful
What was the previous GNM test R V Adomoko
A duty of care towards the victim
Act or Omission in breach of that duty
Which created a serious risk of death which causes death
The whole must amount to gross negligent conduct so bad in all the circumstances as to be criminal conduct
What is the current leading case in gross negligence manslaughter
R V Broughton
What are the parts to the GNM test Broughton (2020) sets out
D must owe a duty of care to V
D must breach that duty of care
At the time of the breach there must be a serious and obvious risk of death
The breach must cause or significantly contribute to the death of the victim
Justifies criminal sanction
What cases demonstrate different GNM situations
R V Singh- Duty to maintain property
R V Lichfield- Duty to safety of crew
R V Kahn and Kahn- D’s ommisions so bad to be criminal
R V Finlay- D’s omission was not so bad to be criminal
R V Edward’s- parents duty of care to children
The duty can exits if the deceased and the defendant were engaged in an unlawful activity together what case affirms this
R V Wacker (2002)
What the objective test to establish if the defendent has negligently breached the duty of car
Base upon what the reasonable person would do in the defendants position at the time of the breach. An unqualified person is not to be judged at a lower standard than a qualified person the lack of skill will not be a defence
At the time of the breach there must be a serious and obvious risk of death, what are the definitions of obvious and serious
Serious- more than minimal or remote risk of injury or illness
Obvious- an obvious risk is one that is present clear and unambiguous
It must be reasonably foreseeable at that time that the breach gives rise to a serious and obvious risk of death what is the objective test and case that affirms this
Objective test- actions need not be subjectively reckless but foreseeable
Case- R V DPP ex parte Jones (2000)
Beach of duty must cause death, what is important in proving this
Causation is important
With gross negligence, proving that the D has been negligent is not enough to convict him of her of gross negligence manslaughter what cases affirms that it must be ‘gross’
R v Bateman (1925)
It is possible in a situation where the defendant has supplied a drug to the victim who self injects but then dies for the defendant to be guilty of GNM what case affirms this
R V Dias (2002)
With GNM the jury must consider that the breach justifies criminal sanctions what cases affirms this
R v Moses and Srivastava (2004)
