GNM

• Adomako definition

  'Having regard to the risk of death involved, The conduct of D was so bad in all circumstances as to amount in their judgement to criminal act or omission'
• Elements

  D must

  • Duty of care
  • Breach of duty
  • Cause death
  • Negligence considered 'gross'
• Duty of care

  Through an existing precedent
• R v Pittwood

  Duty through contract
• R v Miller

  Duty to limit accidental harm
• R v Stone and dobinson

  Voluntary assumption of care
• R v Singh

  Landlord to tennant
• R v Gibons and Proctor

  Parent to child
• R v Wacker

  Criminals may owe other criminals a duty of care
• Breach

  Objective test,

  • Would the RM have acted in the same was as D? R v Stone and Dobinson
• Causation

  Factual and legal causation must be satisfied

  R v Dalloway
• Factual causation

  R v White but for test
• Legal causation

  De minimus test ( R v Kimsey) or sig contribution (R v Cheshire)
• Negligence must be gross

  Must be so bad that it is considered gross
• R v Bateman

  D must show such disregard for the life and safety of others as to warrant criminal sanctions
• R v Misra and Strivastava

  There must have been an obvious risk of death
• R v Broughton

  Both tests must be used for D's negligence to be considered gross