Involuntary Manslaughter- Gross Negligence

Question 1

What is gross Negligence Manslaughter?

Answer 1

Where a duty of care is breached and it leads to the V’s death
ADAMAKO- 4 stage test

Question 2

Stage 1 of Gross Negligence Manslaughter

Answer 2

Did the D owe V a duty of care
ADAMAKO- ordinary principles of negligence apply
Foreseeable
Proximity
Reasonable

Question 3

Side rule of Gross Negligence Manslaughter stage 1

Answer 3

WAKER- joint enterprise
If the D and V are jointly engaged in a crime they still owe each other a duty of care

Question 4

Stage 2 of Gross Negligence Manslaughter

Answer 4

ADOMAKO- was there a breach of that duty of care by the D?
Omission
Has the D’s action fallen below the standard expected of a reasonable person?

Question 5

Stage 2 of Gross Negligence Manslaughter Omissions Cases

Answer 5

Pitwood
Miller
Gibbons/ proctor
R.T.A 1988

Question 6

Stage 3 of Gross Negligence Manslaughter

Answer 6

Did the breach of duty involve a risk of death
MISRA- D can only be liable if a risk of death was foreseeable to a reasonable person

Question 7

Stage 4 of Gross Negligence Manslaughter

Answer 7

Was the breach of duty gross?
BATEMAN- A breach of duty Is ‘gross’ if the D showed a total disregard for the life and safety rights for others and it is so bad it ought to be a crime
Confirmed in ADOMAKO