Gross Negligence Manslaughter

Question 1

Gross Negligence Manslaughter intro

Answer 1

• D may be charged with involuntary manslaughter
• Broughton rules that Gross Negligence Manslaughter has five stages which must be proved

Question 2

Stage 1 of gross negligence manslaughter

Answer 2

• Key Law: Foreseeability, proximity, fairness (Donoghue vs Stevenson(1932))
  -Side rule- already established DOC’s: Contractual duty(Pitwood), Voluntary duty(Gibbons&Proctor), Special relationship (Gibbons&Proctor), Creating a dangerous situation (Miller).
  -Side rule- joint enterprise (Wacker)

Question 3

Stage 2 of Gross Negligence

Answer 3

Has the D breached a duty of care (Adomako)
- “Ordinary principles of negligence apply”
- Has the D acted like a reasonable person or have they failed to meet the standards of a reasonable person?
- Side rule- any omissions go in here.

Question 4

Stage 3 of Gross negligence

Answer 4

Did the breach involve a risk of death (Misra & Srivastava)/(Singh)
-Any causation issues go here

Question 5

Stage 4 of gross negligence manslaughter

Answer 5

-Did the breach cause the death?
-Apply factual and legal causation, as well as any intervening acts

Question 6

Stage 5 of Gross Negligence Manslaughter

Answer 6

Is the breach of duty gross?
-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? (Bateman/ Adomako)