Involuntary Manslaughter: Gross Negligence Manslaughter Flashcards
What is gross negligence manslaughter?
The defendant owes the victim a duty of care and breaches it through being grossly negligent
What was established in R v Adomako?
The House of Lords established 5 elements:
1. There was a duty of care
2. The duty of care was breached
3. The breach created a serious and obvious risk of death
4. The breach caused death
5. Conduct must be ‘gross’ to amount to criminal conduct
What sentence can a judge impose?
Any sentence up to life imprisonment
What will apply if the death results from an omission?
Robinson and civil law principles relating to negligence and duty of care
What will apply if the death results from an act?
It will almost certainly carry a duty of care to not endanger life, so civil law principles are not considered
What was held in R v Singh?
The faulty gas pipe lead to the deaths of tenants, so the landlord had a duty of care to maintain the property
What was held in R v Wacker?
The defendant caused the death of 58 immigrants through suffering, due to ventilation whilst people trafficking.
He was convicted of gross negligence manslaughter and the appeal of ‘ex turpi causa’ was denied by COA
Summary of Lord Mackay’s principle in Adomako
Whether the breach of duty lead to risk of death and whether it is serious enough to be considered criminal
What are the two issues in R v Bateman and R v Adomako?
- Is a jury capable of deciding whether the negligence was criminal conduct?
- It isn’t specifically addressed whether negligence had to result in risk of death
What was held in R v Misra and Srivastava?
Conviction was upheld by the COA following the death of an untreated patients and the COA confirmed that R v Adomako considers risk of death
What is the mens rea for gross negligence manslaughter?
Negligence- Breaching the standards of a reasonable person
What was held in R v Evans?
It is for the judge to decide whether there is an existence of a duty of care
