Gross Negligence Manslaughter (Paper 1)

Question 1

What is the definition of gross negligence manslaughter

Answer 1

Where a duty of care has been breached, and this leads to the death of the victim

Question 2

Which case established a 5 stage test for GNMS

Answer 2

Broughton

Question 3

Stage 1 of GNM

Answer 3

Did D owe the victim a duty of care

Question 4

key law: Forseeability, proximity, fairness~case?

Answer 4

(Donoghue v Stevenson1932)

Question 5

can you make reference to any already established DOCs?

Answer 5

1) contractual duty (Pitwood)

2) voluntary duty (Gibbons v proctor)

3) Special relationship (Gibbons v Proctor)

4) Creating a dangerous sitiation (Miller)

Question 6

What was the decision in Wacker

Answer 6

If D and the victim are jointly engaged in a crime, they still owe each other a duty of care

Question 7

Stage 2 of GNM

Answer 7

Was there a breach of duty

Question 8

What is meant by the reasonable man test

Answer 8

Have D’s actions fallen below the standard expected of a reasonable person

Question 9

Stage 3 of GNM

Answer 9

Did the breach involve a risk of death (Misra)

Question 10

causation 4 - causation

Answer 10

did the beach cause the death~ factual/legal causation or any relevant intervening act

Question 11

Stage 5 of GNM

Answer 11

Was the breach of duty ‘gross’

Question 12

What was the decision in Adomako

Answer 12

A breach is ‘gross’ if D showed a total disregard for the life and safety of others and it is so bad it ought to be a crime