Gross negligence maslaughter

Question 1

What are the elements of Gross Negligence Manslaughter (GNM)?

Answer 1

1. Must owe a duty of care to the victim.
2. Defendant breaches that duty in a way that meets the Adomako test, expanded by R v Broughton.
3. The breach must cause the death of the victim or deprive them of a significant or substantial chance of survival.

Question 2

What did R v Broughton establish?

Answer 2

R v Broughton established that if the breach is so criminal, it becomes negligent.

Question 3

What is the test for when a duty of care exists?

Answer 3

Laparo v Vickmon established the test for when a duty of care exists: Is there a sufficiently close or proximate relationship between the defendant and the victim?

Question 4

What are the six elements for GNM?

Answer 4

1. Defendant owed a duty of care.
2. Serious and obvious risk of death.
3. It was reasonably foreseeable that the breach gave rise to a serious and obvious risk of death.
4. The breach caused or made a significant contribution to the death of the victim.
5. In the view of the jury, the circumstances were truly bad and so reprehensible it amounted to gross negligence and required criminal sanction.

Question 5

What is Gross Negligence Manslaughter (GNM)?

Answer 5

Gross Negligence Manslaughter is an offence where the death was caused by the defendant’s gross negligence.

Question 6

What are the leading cases for establishing GNM?

Answer 6

The leading cases are Adomako and Broughton.

Question 7

What must be established according to Adomako?

Answer 7

1. There must be a duty of care owed to the victim.
2. There must be a breach that causes the death.
3. There must be gross negligence that is so bad it is considered criminal by the jury (‘abysmal’).

Question 8

What additional criteria did Broughton establish?

Answer 8

There must be a serious and obvious risk of death at the time of the breach.

Question 9

How can a duty of care exist?

Answer 9

A duty of care may exist through a contractual duty, a doctor-patient duty, or other duties from a person in a public position.

Question 10

When is the Caparo test used?

Answer 10

The Caparo test is used if there is no obvious duty of care owed to the victim, as confirmed by the case of Robinson.

Question 11

What is the first step in discussing GNM liability?

Answer 11

State which person you will discuss first: ‘x could be liable for Gross Negligence Manslaughter for the death of y.’

Question 12

What should be described after stating the liable person?

Answer 12

Describe the duty of care owed (e.g., doctor-patient, teacher-student, voluntary duty of care, duty of public position, contractual duty).

Question 13

What should be analyzed regarding the breach?

Answer 13

Describe the breach and assess if there was a serious and obvious risk of death.

Question 14

What must be shown regarding causation?

Answer 14

Apply the rules of causation to show that the negligence caused the death.

Question 15

What determines if negligence is ‘criminal’?

Answer 15

The negligence must be abysmal or show disregard for human life.

Question 16

What should be included in the final conclusion?

Answer 16

Summarize the findings and refer to relevant cases.