Gross Negligence

Question 1

What may D be charged with?

Answer 1

D may be charged with involuntary manslaughter, specifically Gross Negligence Manslaughter.

Question 2

What are the five stages of Gross Negligence Manslaughter?

Answer 2

Broughton- Gross negligence manslaughter has five stages that must be proved.

Question 3

What is Stage 1 of Gross Negligence Manslaughter?

Answer 3

The D must owe the V a duty of care.

Key Law: Foreseeability, proximity, fairness - Donoghue v Stevenson (1932)

Question 4

What are the side rules related to established duties of care?

Answer 4

Can reference to any already established DOCs: Contractual duty (Pitwood), Voluntary duty (Gibbons & Proctor), Special relationship (Gibbons & Proctor), Creating a dangerous situation (Miller).

Question 5

What is the side rule regarding joint enterprise?

Answer 5

If D & V are jointly engaged in a crime, they still owe each other a duty of care (Wacker).

Question 6

What is Stage 2 of Gross Negligence Manslaughter?

Answer 6

Has D breached the duty of care?

Key question: Has the D’s acts fallen below the standards of the ordinary reasonable man with the same level of skill and expertise?

A breach? = an omission

Question 7

What is Stage 3 of Gross Negligence Manslaughter?

Answer 7

Did the breach of duty involve a risk of death?

(Singh)

Question 8

What is Stage 4 of Gross Negligence Manslaughter?

Answer 8

Causation - did the breach cause the death?

Apply factual/legal causation OR any relevant intervening act.

Question 9

What is Stage 5 of Gross Negligence Manslaughter?

Answer 9

Is the breach of duty gross?

Key Law: Was the breach so bad that it ought to be a crime? Did the D show a total disregard for the life and safety of others? (Adomako)