Gross negligence manslaughter

Question 1

What are the elements of gross negligence manslaughter?

Answer 1

1) Establishing a duty of care
2) A breach that caused death
3) Causation
4) Serious negligence that amounted to being ‘gross’
5) A serious and obvious risk of death

Question 2

Which case established a precedent for a pre-existing duty of care?

Answer 2

Robinson v Chief Constable of West Yorkshire

Question 3

Which case shows that a duty can exist even if the victim is complicit in a crime?

Answer 3

R v Wacker

Question 4

Which case shows that a duty can exist when the victim created the state of affairs?

Answer 4

R v Evans

Question 5

Which case shows that a duty can be assumed voluntarily?

Answer 5

Stone v Dobinson

Question 6

How is the breach of duty that caused death judged?

Answer 6

Objectively - Was the risk obvious to a reasonable person in their position?

Question 7

How are the rules of causation applied?

Answer 7

Legal and factual causation as well as considering intervening acts

Question 8

How is gross negligence differentiated from regular negligence?

Answer 8

The defendant must show disregard for the life and safety of others as to amount to a crime (R v Bateman)

Question 9

Which case shows that there must be a serious and obvious risk of death?

Answer 9

Misra v Strivastava

Question 10

Is there a mens rea for GNM?

Answer 10

No, it is reliant on negligence and is judged objectively, it doesn’t matter whether the defendant saw a risk or not