Gross Negligence Manslaughter

Question 1

Describe

Gross Negligence Manslaughter

Broughton - 6 part test

Apart of GNM

Answer 1

D owes V a duty of care, but through negligence breaches it which causes the V’s death.

No MR is needed.

Broughton - GNM Test.
1) D must OWE Duty of Care to V
2) D must BREACH that Duty of Breach
3) At time of breach, there musy be an OBVIOUS AND SERIOUS RISK of death to V.
4) It must be REASONABLY FORSEEABLE, that breach would result in obvious and serious risk of death.
5) Breach must CAUSE OR SIGNIFICANTLY CONTRIBUTE TO V'S DEATH.
6) Jury most consider breach JUSTIFIES CRIMINAL SANCTIONS

Question 2

Describe

Duty of Care

Robinson, Adomako, Singh, Wacker, Harris and Harris, Evans, R v Kuddus

Apart of GNM

Answer 2

D must owe V a legal duty of care, based on civil principles of negligence.

Robinson -  A DOC can be established using existing case law precedents.

Adomako - Doctor to Patient
Singh - Landlord to Tenant
Wacker - Person to Criminal Co-conspirator
Harris and Harris - Parent to Child.
Evans - Set in motiona  dangerous chain of events without mitigating it.
R v Kuddus - Chef to Consumer

Question 3

Describe

Breach of Duty of Care

Broughton, Adomako

Apart of GNM

Answer 3

Broughton - It must be proven that breach caused or significantly contributed to V's death.

Adomako - A breach of duty will occur if D's conduct falls below the standard of the reasonable person.

Question 4

Describe

Risk of Death

Broughton, R v Kuddus

Apart of GNM

Answer 4

Broughton - At the time of the D's breach of duty, there must be a reasonably forseeable serious and obvious risk of death.

R v Kuddus - The Courts should consider wether there is a serious and obvious risk of death, based on the facts D knew at the time.

Question 5

Describe

Causes Death

Pagget Kimsey, Broughton

Apart of GNM

Answer 5

D must be factual (Pagett) and legal (Kimsey) cause with no intervening acts.

Broughton - If there is uncertainty surronding causation, then D will not be guilty of GNM, any uncertainty must go in D's favour.

Question 6

Describe

Justifies Criminal Sanction

R v Cornish, Andrews v DPP

Apart of GNM

Answer 6

It is for the jury to decide if the conduct of D was so gross in all circumstances, as to amount to a criminal act or omission, deserving a criminal sanction.

R v Cornish - The word gross means D's action so flagrant and atrocious, that it would ammount to an crime.

Andrews v DPP - Lord Atkins stated a very high degree of negligence was needed to satisy this, a criminal disregard for the life and safety of others.

Question 7

Apply to an Exam Question

Flip

Apart of GNM

Answer 7

DOC
Here the relationship between D and V is….. because?

Breach
The D had breached this because they….?

Standard
This does/n’t fall below the standard of the reasonable person because.

Obvious risk
There is/n’t a reasonably forseeable serious and obvious risk that the Breach of Duty would kill D.

Causation
The D is/n’t the factual cause because…
The D is/n’t the legal cause because….
Any intervening acts or Thin Skull rule?

Jury Sanction
The D’s behaviour is/n’t grossly negligent it would be deemed criminal because…

Is D guilty?