Gross Negligence Manslaughter

• What is the definition of Homicide?


  The killing of a human being by another, deliberately or not.
• What are the two main components of Murder?


  AR (Actus Reus) and MR (Mens Rea).
• What is the difference between Murder and Voluntary Manslaughter?


  Voluntary Manslaughter includes a special defence like Diminished Responsibility or Loss of Control.
• What characterizes Involuntary Manslaughter?


  It has the AR of murder but no MR for murder.
• What is the maximum sentence for Involuntary Manslaughter?


  Life imprisonment, but the judge has discretion.
• What are the two types of Involuntary Manslaughter?


  Unlawful and Dangerous Act Manslaughter, and Gross Negligence Manslaughter.
• What is the basis of Gross Negligence Manslaughter?


  It is based on civil law negligence where the breach of duty resulting in death is gross.
• What is the leading case for Gross Negligence Manslaughter?


  R v Adomako [1994].
• What happened in the case of R v Adomako [1994]?


  The anaesthetist failed to notice a disconnection of an oxygen tube, leading to the patient's death.
• What did the jury consider in R v Adomako [1994] regarding the breach of duty?


  Whether the defendant's conduct departed from the proper standard of care.
• What are the elements of Gross Negligence Manslaughter from R v Adomako [1994]?


  Duty of Care, Breach of Duty, Grossly Negligent, Causes Death.
• What is the test for Duty of Care in Gross Negligence Manslaughter?


  Is it reasonably foreseeable that the victim would be affected by the defendant's act or omission?
• What was the outcome of R v Wacker [2003] regarding Duty of Care?


  The court ruled that the defendant owed a duty of care to the illegal immigrants despite their joint engagement in an illegal operation.
• What was the sentence for the defendant in R v Wacker [2003]?


  The sentence was increased from 6 to 14 years.
• What are the four elements for Gross Negligence Manslaughter?


  Duty of Care, Breach of Duty, Grossly Negligent, Causation.
• Which case provides the elements for Gross Negligence Manslaughter?


  Adomako.
• How is a defendant judged in terms of Breach of Duty?


  Against the standard of a reasonably competent person performing the same activity.
• What was the significance of R v Zaman [2016] in terms of Duty of Care?


  It emphasized that there is a duty of care to customers in the catering industry.
• What was the outcome of R v Singh [1999] regarding Duty of Care?


  The defendant was found guilty for failing to manage the property properly, leading to death.
• What was the outcome of R v Litchfield [1998] regarding Duty of Care?


  The defendant was found guilty for sailing with knowledge that the engines might fail, causing deaths.
• What are the key criticisms of Involuntary Manslaughter law?


  • Uncertain area of law due to significant case law development.
  • Covers a wide range of circumstances, leading to inconsistencies.
  • The range of behavior considered blameworthy is too broad.
  • Calls for reform proposals due to these criticisms.
• What are the key elements of Gross Negligence Manslaughter as established in R v Adomako [1994]?


  1. Duty of Care
  2. Breach of Duty
  3. Grossly Negligent
  4. Causes Death
• What is the significance of the case Donoghue v Stevenson (1932) in relation to Duty of Care?


  • Established principles of civil law negligence.
  • Influenced the recognition of Duty of Care in criminal law.
• What was the sentence given to D in the first case involving a prosecution of manslaughter related to food sales?


  6 years
• What was the main issue in the case of R v Singh [1999]?


  D failed to manage and maintain the property, leading to tenant deaths from carbon monoxide poisoning
• What was the sentence for D in the case of R v Singh [1999]?


  9 months in prison
• In R v Litchfield [1998], what caused the ship to founder?


  The engines failed due to contamination of the diesel fuel
• How many crew members died in the case of R v Litchfield [1998]?


  3 members
• What was the outcome of the appeal in R v Khan & Khan [1998]?


  Their conviction for unlawful and dangerous act manslaughter was quashed
• What did the court say about the behavior of D's in R v Khan & Khan [1998]?


  It was described as callous and repugnant
• In R v Evans [2009], what was the dangerous situation created by D?


  D obtained heroin which V self-administered
• What was the outcome of D's actions in R v Evans [2009]?


  V died overnight
• What are the origins of Duty of Care in law?


  • R v Adomako
  • R v Zaman
  • Donoghue v Stevenson
  • R v Khan and Khan
• What is a Duty of Care?


  A legal obligation to ensure the safety or well-being of others
• Who decides if there is a duty of care in a case?


  Judge or Jury
• What must be proven for gross negligence to lead to criminal liability?


  Negligence must be gross
• What was the main issue in R v Misra [2004]?


  Failure to identify and treat a bacterial infection post-operation
• What did Judge LJ state regarding the risk in R v Misra [2004]?


  It relates to a risk of death, not just bodily injury
• What constitutes a breach of duty?


  • Failing to meet expert standards
  • Failing to meet reasonably competent standards
  • Failing to take care
  • Applies to police not doing their job correctly
• Who decides if something is bad enough to be considered criminal?

  Judge or Jury