Gross Negligence Manslaughter

Question 1

What’s the identification for Gross Negligence Manslaughter?

Answer 1

Common law offence defined by the HL in Adomako and clarified by Broughton

Question 2

What are the 4 elements for GNM?

Answer 2

1. Duty
2. Breach of duty that causes death
3. Gross Negligence
4. A serious and obvious risk of death which is foreseeable

Question 3

What’s the principle from Robinson?

Answer 3

Only need to apply Caparo test in new and novel situations

Question 4

What’s the principle from Wacker?

Answer 4

Irrelevant if V was party to illegal act

Question 5

What’s the principle from Blyth?

Answer 5

Does something the reasonable person wouldn’t do or fails to do something the reasonable person would do

Question 6

What’s the principle from Bolam?

Answer 6

Professionals held to the standard of a competent professional

Question 7

What’s the principle from R v Andrews?

Answer 7

A simple lack of care which would constitute a civil liability isn’t enough

Question 8

What’s the principle from the Bateman Test?

Answer 8

Shows such disregard for the life and safety of others as to amount to a crime

Question 9

What’s the principle from R v Broughton?

Answer 9

‘Serious’ means more than minimal or remote

Question 10

What’s the principle from R v Misra?

Answer 10

The risk must relate to the death