Involuntary Manslaughter : Gross Negligence Manslaughter

• What is the leading case for Gross Negligence Manslaughter?

  *Broughton*
• What are the six elements of Gross Negligence Manslaughter as set out in *Broughton*?

  1. Duty of care owed by D to V
  2. D negligently breached the duty of care
  3. Serious and obvious risk of death at the time of breach
  4. Foreseeability of the risk of death from the breach
  5. D's breach caused death
  6. The negligence was 'gross'
• Is the fact that V was party to an illegal act relevant in determining duty of care?

  No, a duty can still be owed
• What case established that a duty is owed to those closely affected by one's act?

  *Donoghue v Stevenson*
• What is an example of a specific duty situation involving a contract?

  *Pittwood*
• Who has a duty of care from captain to crew?

  *Litchfield*
• What case involves a voluntary assumption of responsibility?

  *Stone and Dobinson*
• What is the duty of care from a doctor to a patient established in which case?

  *Adomako*
• What duty does a driver owe to passengers?

  *Wacker*
• What case established the duty of care from landlord to tenant?

  *Singh*
• What does creating a state of affairs that threatens life imply in terms of duty of care?

  D must know or ought to know
• In which case was the assumption of duty of care raised regarding drug use?

  *Evans*
• What did the judge comment on in *Evans* regarding duty of care?

  Other factors like control and prior relationship
• What duty may arise concerning drug supply according to *Khan*?

  Duty not to supply drugs or summon help
• What constitutes a negligent breach of duty?

  Acts or omissions below reasonable man's standard
• When can a breach be considered an omission?

  When there is a duty to act
• What case illustrates creating a dangerous situation leading to negligence?

  *Miller*
• What must be present for a serious and obvious risk of death?

  Must be clear and unambiguous
• What did *Misra* confirm about the risk of death?

  Must be through D's conduct
• What is required for a risk to be considered obvious?

  It must be immediately apparent
• What does foreseeability of risk imply in negligence cases?

  Risk must be foreseeable at breach time
• What principles apply to causation in negligence cases?

  Normal causation principles apply
• How is 'gross' negligence defined in *Broughton*?

  Jury believes breach circumstances are exceptionally bad
• What does *Bateman* say about disregard for life and safety?

  It amounts to a crime against the state
• How is mens rea judged in Gross Negligence Manslaughter?

  By the standard of D's behavior
• Is intoxication a defense to Gross Negligence Manslaughter?

  No, it is not a defense
• What are the implications of intoxication in Gross Negligence Manslaughter cases?

  • Intoxication is no defense
  • D cannot argue they were too intoxicated to form mens rea