gross negligence manslaughter

Question 1

what case did the test come from for GNM

Answer 1

first given in adamako, but reinstated in Broughton

Question 2

what is the first step of GNM

Answer 2

duty of care

Question 3

what are the type of duty of cares

Answer 3

• omission
• pre-existing duty (Robinson)
• new novel cases, caparo test (caparo v dickman)

Question 4

what is the second step in UAM

Answer 4

breach of care

Question 5

how is breach of care defined

Answer 5

reasonable man test
- D judged against the standard of the reasonable man in the same profession/ circumstance
- the court considers what they should have done and whether they failed to do this or did it at a poor standard (Singh)

Question 6

what is the third step of GNM

Answer 6

gross negligence

Question 7

how is gross negligence defined

Answer 7

so bad in all circumstances as to amount in the Jurys judgment to a criminal act or omission (adamako)
- serious and obvious risk (Singh)

Question 8

what is the fourth step of GNM

Answer 8

risk of death

Question 9

how is risk of death defined

Answer 9

clear and obvious risk of death
- doctors didn’t notice clear signs of blood poisoning (Misra)

Question 10

what is the fifth step of GNM

Answer 10

causation

Question 11

what is causation defined as

Answer 11

factual but for Ds breach of duty v would not have died (white)
legal Ds breach contributed to v death in a more than minimal way and was the operating and substantial cause (smith)
- chain must not be broken by intervening acts (Cheshire)
- thin skull rule applies as normal- must take v as they come (blaue)