Gross Negligence Manslaughter

Question 1

A duty of care must be owed from D to V and can be established by an act or an omission

Answer 1

(Evans)

Question 2

The risk of V’s death must be serious, which is something much more than minimal or remote; and obvious, which is clear, present and unambiguous

Answer 2

(Rudling)

Question 3

It must have been reasonably foreseeable at the time of the breach that D’s actions gave rise to a serious and obvious risk of death

Answer 3

(Rose)

Question 4

In the view of the jury, D’s actions must be so truly and extraordinary bad that they are worthy of criminal sanction

Answer 4

(Broughton)