gnm - 4

• element 4 = the defendants breach of duty must have caused the death of the victim
• if the death would not have occurred had the defendant fulfilled the duty to the standard of the reasonable man then they are the factual cause of the death
• r v broughton

  • medical evidence stated there was a 90% chance of survival if there had not been a breach but this did not prove defendant caused the death beyond a reasonable doubt because of that 10% chance she died anyway
• evans

  • self-injection is not a novus actus interveniens in gross negligence manslaughter, defendants breach occurred following the self-injection