Gross Negligence Manslaughter

• Adomako?


  D owed V a duty of care.
• GNM - D owed a duty of care

  o Contract (Pittwood), Dr and patient (Adomako), voluntary assumption of responsibility (Stone & Dobinson and Evans), special relationship (e.g. parent and child- Gibbins and Proctor) etc.

  o For non-specific situations, use Donoghue v Stevenson: duty owed to people closely and directly affected D’s act that he ought reasonably have them in contemplation as being so affected
• GNM - D breached duty & breach had risk of death (Misra)


  o Breach of duty occurs by falling below the standard of care expected from a reasonably man, doctor,

  mechanic, electrician, etc.
• GNM - Breach actually caused death


  causation principles may need to be applied if relevant
• GNM - Conduct was gross (i.e. so bad it is criminal)

  o Bateman: showing such disregard for the life and safety of others as to amount to a crime against the

  state and conduct deserving of punishment
• Note:

  • No MR as such for GNM – the essence of GNM is that D did not intent to kill. D is judged on their conduct, rather than state of mind, so it does not matter if D did not see risk of harm or death
  • For this reason, voluntary intoxication is no defence to GNM