gnm - 3

• element 3 = the breach creates a reasonably foreseeable, serious and obvious risk of death
• r v broughton confirmed element 3, clearly reestablishing the elements of the offence
• (iii) at the time of the breach there was a serious and obvious risk of death. serious, in this context, qualifies the nature of the risk of death as something much more than minimal or remote. risk of injury or illness, even serious injury or illness, is not enough. an obvious risk is one that is present, clear and unambiguous. it is immediately apparent, striking and glaring rather than something that might become apparent on further investigation
• (iv) it was reasonably foreseeable at the time of the breach of the duty that the breach gave rise to a serious and obvious risk of death