Gross negligence manslaughter

Question 1

Define Gross negligence manslaughter

Answer 1

Defined under common law as a form of involuntary manslaughter which can be committed via an act or omission where the defendant falls below the requisite standard and cause death by breaching their duty of care.

Question 2

What is the 6 stage GNMS test

Answer 2

1. Duty of care - D owed existing duty of care to victim - R v Pitwood
2. Breach of duty - D negligently breached that duty of care, objective test based on what reasonable person would do in that position - R v DPP ex parte Jones
3. Breach caused death - At time of breach serious and obvious risk of death - R v Singh
4. Serious and obvious risk of death - R v Adamako
5. So gross it amounts to a crime - breach made more than significant contribution to death of victim - A-G ref no2 of 1999
6. Jurys view that it justifies a criminal sanction - R v Misra and Srivastava

Question 3

R v Adamako

Answer 3

Set out the first 4 elements of the GNMS test

Question 4

R v Broughton

Answer 4

Failure to obtain medical assistance in a timely manor.
Added last 2 requirements of GNMS test

Question 5

R v Misra and Srivastava

Answer 5

Jury to decide if D’s behaviour was grossly negligent and consequently criminal.

Question 6

R v Singh

Answer 6

The court held that GNMS could be applied where D’s failure to fulfill a duty of care led to death

Question 7

R v Pitwood

Answer 7

The court ruled that GNMS can apply where the D has a duty to act, and their failure to do so results in death

Question 8

R v DPP ex parte Jones

Answer 8

Driving a vehicle without ensuring its safety could amount to GNMS, as failure to ensure safety was a breach of duty that directly led to the V’s death

Question 9

A-G ref no2 of 1999

Answer 9

GNMS requires a breach of duty that must be “so bad” it merits criminal punishment