Gross Negligence Manslaughter

Question 1

Duty of care

Answer 1

The D owes the V a duty of care when the V is so closely and directly affected by the D’s acts (Donoghue v Stevenson)

Question 2

Breach of duty

Answer 2

The D has fallen below the reasonable standard of another person in their position (Wacker)

Question 3

Risk of death

Answer 3

There must be a serious and obvious risk of death at the time of the breach
Serious meaning a risk of death
Obvious meaning clear and unambiguous (Misra)

Question 4

Reasonably forseeable

Answer 4

It must be reasonably foreseeable that the breach would give rise to a serious and obvious risk, this is an objective test, it does not matter if the D did not recognise it themselves, but the risk would have been obvious to a reasonable person in D’s position

Question 5

Factual causation

Answer 5

‘but for’ test

Question 6

Legal causation

Answer 6

The D must be the operating and substantial cause meaning there are no intervening acts which break the chain of causation

Question 7

Gross negligence

Answer 7

Conduct so bad in all circumstances to be criminal, showing disregard for life and the safety of others (Bateman)