Gross Negligence Manslaughter

Question 1

What is it a form of?

Answer 1

Involuntary manslaughter

Question 2

What can it be committed by?

Answer 2

An act or an omission

Question 3

What case were the principles set out in?

Answer 3

Adomako

Question 4

D must owe v a duty of care

Answer 4

arising under the ordinary rules of negligence (Caparo v Dickman) or liability for omissions in a situation where D has a duty to act (Wacker; Gibbins & Proctor) but failed to act

Question 5

Negligence

Answer 5

Foresight

Proximity

Fair Just and Reasonable

Question 6

D must be in breach of duty….

Answer 6

As a general rule he will be in breach if his conduct falls below the objective standard of the reasonable man (Blyth v Birmingham Waterworks; Wacker)

If D is a professional they would be judged by the professional standard which is a competent body of fellow professionals (Bolam v Friern NHS Trust)

Question 7

The breach must carry….

Answer 7

An obvious risk of death, not merely serious harm- Singh; Misra. This is an objective test, there is no need for D to foresee the risk

Question 8

What must the breach be ?

Answer 8

The cause of the death

Question 9

What must you discuss?

Answer 9

Causation

Question 10

The fault element is satisfied by gross negligence….

Answer 10

There is no need to prove any MR for this offence (AG’s Ref No 2, 1998) D’s conduct must move from civil to criminal liability, it must be more than a matter of mere compensation between individuals. In Bateman this was described as occurring where he has shown such a disregard for the life and safety of others that D’s conduct is deserving of criminal punishment. A high degree of negligence is required (Adomako; Andrews)

Question 11

If there is any evidence…

Answer 11

Of subjective or objective recklessness regarding the risk of death (Lichfield; Lidar) the jury will use this to decide on the issue of gross negligence