Gross negligence- Involuntary Manslaughter

• Where is it applicable?


  Where the act of D. is not necessarily unlawful but leads to the death of another due to D's negligence where D had a duty of care
• For gross negligence manslaughter 


  R v Bateman

  • D needs to owe a duty of care to victim
  • Did D breach that duty
  • Was there a risk of death
  • Did the breach cause the death
  • Was it grossly negligent?
• Duty of care 


  "neighbour principle"

  Donoghue v Stevenson

  R v Adomako- Anaesthetist and patient

  R v Ptiwood, R v Instan, R v Gibbins and Proctor, R v Millier- Omission
• Breach of duty with risk of serious death 


  R v Broughton- risk of death is "serious and obvious"

  Reasonable man test (objective), acted in a way which was below the actions of the average person
• Death was caused by the breach of duty 


  But-for test (r v white)

  "most substantial cause"- R v Pagett

  3rd party- R v Jordan
• Grossly negligent 


  "went beyond a mere matters of compensation"- R v Bateman

  yes- R v Edward- parents had shut there eyes to obvious danger

  no- R v Finlay- D's conduct did not show disregard for life and safety as amount to gross negligence