Voluntry Manslaughter - Gross Negligence

Question 1

What is Gross Negligence Manslaughter?

Answer 1

Committed when the defendant owes a duty of care to the victim, however breaches this duty in such a grossly negligent way that the victim dies.

Question 2

R v Adomako?

Answer 2

Gross negligence manslaughter by an anaesthetist which caused the death of a patient

Question 3

R v Broughton?

Answer 3

Reinstated Adomako - provided 6 elements of more detail

Question 4

What were the 5 elements of detail provided in R v Broughton?

Answer 4

1. A duty of care owed
2. D negligently breached duty
3. At the time of the breach there was a serious, more than minimal, and obvious risk of death.
4. Reasonably foreseeable
5. Breach caused or made a significant contribution to the death.

Question 5

What are two examples of owing a duty of care?

Answer 5

Babysitting a young child
Being a carer in a retirement home