LAW P1 CRIM (INVOL MANSLAUGHTER GNMS)

Question 1

What is gross negligence manslaughter?

Answer 1

Gross negligence manslaughter is a form of involuntary manslaughter.

Involuntary manslaughter may arise where the defendant has caused death but neither intended to cause death nor intended to cause serious bodily harm, and thus lacks the mens rea for murder

Question 2

What are the rules that must be satisfied for GNMS and which case did they come from?

Answer 2

The rules were established in R v Adomako and developed by R v Broughton:

• The defendant must owe a duty of care to the victim
• The defendant negligently breached the duty
• The breach of duty made significant contribution to the death of the victim
• At the time of the breach there was a serious and obvious risk of death
• It was reasonably foreseeable at the time of the breach that the breach gave risk to a serious and obvious risk of death
• In the view of the jury, the circumstances of the breach were truly and exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanction

Question 3

What are the cases for GNMS?

Answer 3

R v Evans, a duty can arise from creating a dangerous situation

R v Adomako, the defendant negligently breached the duty of care

R v Broughton, the breach made a significant contribution to the death of the victim

R v Singh, the court found that failure to repair a gas leak created a serious and obvious risk of death

R v Bateman, the defendants conduct must be so far below the standard of care that it can be classified as gross negligence

R v Misra and Srivastava, the jury must decide if the conduct was so reprehensible that it amounts to a crime