Gross Negligence Manslaughter Flashcards
(19 cards)
What are the 5 elements of gnm?
- 2 cases
- D owes V an existing duty of care
- D negligently breached that duty of care
- it was reasonably foreseeable that the breach of that duty gave rise to an obvious and serious risk of death
- the breach caused the death of V
- the circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanction
R v Adomako [1995]
R v Rose (Honey) [2018]
Is this an easy offence to prosecute?
No
very difficult to prosecute successfully
What is a duty of care a matter of? (2 options)
- which case establishes this?
- a matter of law whether a duty exists
- a matter of fact for the particular facts of a case
R v Gemma Evans [2009]
Which 2 cases provide us with examples of duties of care?
- R v Winter and Winter [2010]
- R v Wacker [2002]
4 examples of duties → non-exhaustive
- doctor and patient
- parent and child
- contract of employment
- if you’ve created a life-threatening situation
What type of act can the breach be?
- example for each
- positive act -> a surgeon cutting off the leg of a patient when they were supposed to mend it
- negative act -> not acting when the anaesthesia has failed
What are the 4 points for part (c) of the test?
- The serious and obvious risk must be of death
- The risk must exist at the time of the breach of duty
- The risk also has to be assessed with respect to knowledge at the time of the breach
- Objective test → would a reasonable person in D’s position have foreseen the risk
What must the risk from the breach be of?
- 3 cases
- risk of death
- cannot be just injury or even serious injury
R v Singh [1999]
R v Misra [2004]
R v Gemma Evans [2009]
What type of risk must it be?
- case
serious and obvious
R v Rudling [2016]
When must the risk exist?
- case
- at the time of the breach
R v Rose [2017]
What type of test is the test for the foreseeability of the risk?
- case
- objective
R v Kuddus [2019]
What rules apply to establish whether the breach caused the death of V?
- rules of causation
Who has the burden of proof?
Prosecution
3 cases on causation of death
- R v Sellu [2016]
- R v Morby [1882]
- R v Broughton [2020]
Which case establishes that the circumstances of breach need to be reprehensible?
R v Bateman [1925]
Who decides whether D’s conduct was grossly negligent?
- case
the jury
R v Adomako [1995]
Is there a particular mens rea the Prosecution needs to prove?
- case
- no
- this doesn’t mean mens rea is completely irrelevant
AG’s Reference (No 2 of 1999) [2000]
What type of question is the one for the jury?
- case
fact, not law
R v Misra [2004]
What must the jury be properly directed for?
- 2 cases
with regards to gross negligence
R v Sellu [2016]
R v Bawa-Garba [2016]
