Gross Negligence Manslaughter (IM)

Question 1

What is gross negligence manslaughter?

Answer 1

D causes death by breaching a duty of care towards V in a grossly negligent way

Question 2

What are the key elements of GNM?

Answer 2

• Duty of care
• Breach of duty causing death
• Gross negligence which the jury considers so bad as to be criminal

Question 3

Duty of care

Answer 3

• Must be duty owed by D to V, decided by the trial judge
• Can include situations that give rise to liability for omissions (Stone & Dobinson 1977)
• Duty of care still owed to someone involved in an unlawful activity (Wacker 2002)

Question 4

Case for duty of care

Answer 4

• Adomako 1994
• Duty of care is owed to anyone it is reasonably foreseeable may be harmed by D’s negligent acts/omissions

Question 5

Breach of duty which causes death

Answer 5

• If D falls below the standard of the reasonable person performing the duty in question
• Normal rules of causation apply
• D’s conduct must involve a foreseeable risk of death at the time of the breach

Question 6

Case for breach of duty which causes death

Answer 6

• Singh 1999
• Death from carbon monoxide poisoning was a foreseeable risk if the gas fire was not maintained properly by landlord

Question 7

Gross negligence

Answer 7

• Must be so gross in the eyes of the jury as to be criminal
• Shows a disregard for life and the safety of others (Bateman 1925)

Question 8

Case for gross negligence

Answer 8

• Sellu 2016
• Jury must identify the line between mistakes and conduct which is truly exceptionally bad