Gross Negligent Manslaughter

Question 1

Source

Answer 1

• Common law
• Def in Adamako
• Risk of death not harm (Singh, Misra)
• Can be omission

Question 2

Elements

Answer 2

1 - Duty of care
2 - Breach of duty
3 - Causation
4 - Gross

Question 3

Element 1

Answer 3

Duty of care
- Tort rules
- Reasonably foreseeable
- Relationships = landlord/tenant (Singh), captain/crew (Lichfield), Dr/patient (Misra), driver/passenger (Wacker)
- Doesn’t matter if illegal (Willoughby)
- Drugs = Evans suggest DoC but unsure in Kennedy/Dias/Khan

Question 4

Element 2

Answer 4

Breach of duty
- Fell below standard of care of a reasonable person

Question 5

Element 3

Answer 5

Causation
- Factual = but for test (White, Pagett)
- Legal = more than minimal (Kimsey), unbroken chain (Roberts), thin skull rule (Blaue)

Question 6

Element 4

Answer 6

Gross
- Beyond competency
- Disregard for life/safety
- Jury discretion (Bateman)
- Adamako test = indifferent to risk, foresight, negligent to avoidance, inattention