WEEK 4 GNM Flashcards
(26 cards)
What is the definition of homicide?
An unlawful killing without malice aforethought.
What are the two types of manslaughter?
- Voluntary manslaughter
- Involuntary manslaughter
What constitutes voluntary manslaughter?
AR + MR + partial defence established (loss of control; diminished responsibility)
What characterizes involuntary manslaughter?
AR but no MR.
What is Gross Negligence Manslaughter (GNM)?
Where D causes death through criminal negligence.
What is another term for unlawful act manslaughter?
Constructive manslaughter.
What is reckless manslaughter?
Where D causes death and was reckless as to causing death/GBH.
What are the three types of involuntary manslaughter?
- Unlawful act manslaughter (UAM)
- Gross negligence manslaughter (GNM)
- Reckless manslaughter
What is the actus reus (AR) of involuntary manslaughter?
An unlawful killing.
What is the mens rea (MR) for involuntary manslaughter?
Lack of intention – lower form of MR.
What must the prosecution prove in a case of Gross Negligence Manslaughter?
- D was under a duty of care
- D breached that duty
- Breach caused death
- Breach was grossly negligent
What is required to establish a duty of care?
Apply ordinary negligence principles.
In which cases can a duty of care arise?
- Parent/child
- Doctor/patient
- Police officer/arrested persons
- Transport carriers/passenger
- Employer/employee
What is the standard for determining breach of duty?
D’s conduct fell below the standard expected of a reasonable person in the same circumstances.
What constitutes gross negligence?
Breach must show such disregard for the life and safety of others as to amount to a crime.
What does the objective test for gross negligence entail?
D’s conduct must involve an objective risk of death.
What is the significance of R v Adomako in GNM?
It established the test for gross negligence.
What does the jury consider in cases of gross negligence?
Whether the conduct departed from the proper standard of care involving a risk of death.
What is the legal test for causation in GNM?
Apply normal rules of causation (factual and legal causation).
True or False: V’s consent is relevant in the assessment of breach of duty.
False.
Fill in the blank: GNM can be committed by an action or __________.
omission.
What is the role of the judge in determining the existence of a duty of care?
It is a question of law.
What does the term ‘obvious risk’ refer to in GNM?
A risk that must be reasonably foreseeable and serious.
What must be established for a breach to be considered grossly negligent?
It must be so bad that D deserves to be convicted of a crime.
