introduction

• Gross negligence manslaughter is committed where the defendant owes the victim a duty of care but breaches that duty in a way that is so criminal it is negligence, and it causes the death of the victim. ​~
• Gross negligence manslaughter can be committed by an act or an omission, neither of which has to be unlawful
• Gross negligence manslaughter can be considered in many circumstances, but it typically involves death following medical treatment or care, death in the work place or death in custody.
• The leading case on gross negligence manslaughter is the case of R v Adomako:

  • The defendant was an anaesthetist
  • During an operation, one of the tubes supplying oxygen to the patient became disconnected, and the defendant failed to notice this until minutes later, when the patient suffered a heart attack due to the lack of oxygen.
  • Doctors gave evidence in the trial and said that a competent anesthetist would've noticed the disconnection within 15 seconds. The defendant's failure to act was abysmal.
• what is the significance of the case of r v broughton?

  it gave the 6 elements of gross negligence manslaughter.
• The six elements of gross negligence manslaughter are:

  1. The defendant owed an existing duty of care towards the patient
  2. The defendant negligently breached the duty of care
  3. There was a serious and obvious risk of death as a result of the breach of duty
  4. It was reasonably foreseeable that at the time of the breach, the breach gave rise to a serious and obvious risk of death
  5. The breach of duty caused or made a significant contribution to the death of the victim
  6. The jury believes that the breach was so exceptionally bad that it amounted to gross negligence manslaughter.
• The facts of R v Broughton are:

  • At a music festival, the defendant supplied drugs to the victim, who had a bad reaction to the drugs.
  • The defendant remained with the victim as their condition deteriorated to the point where her life was obviously in danger
  • the defendant was charged with being grossly negligent in falining to obtain medical assistance, a substantial cause of the victim's death
  • the conviction was quashed because evidence given couldn't prove causation, that she would've lived had help been called.