gross negligence manslaughter

• adomako - sets out the 4 main elements for GNM
• 4 elements

  1. duty of care
  2. breach of duty
  3. gross negligence
  4. risk of death
• duty of care - 3 stage test of caparo v dickman
• singh - duty can be contractual
• litchfield - duty can be contractual
• stone and dobinson - duty can be taken on voluntarily due to a relationship
• wacker - duty can be owed even where victims are party to an illegal act
• evans - duty can create a state of affairs
• breach of duty - defendant failed to do something and it caused the death

  causation rules apply - pagett - kimsey - jordan
• gross negligence - not enough that the d has been negligent - it has to be gross
• bateman - must show 'such disregard for the life and safety of others' to be considered criminal act
• risk of death - has to be a risk of death and risk to 'health and welfare' of the victim
• misra - must be a risk of death from d's conduct
• mens rea of offence is gross negligence