Gross Negligence manslaughter

• Gross - Negligence becomes criminal when it is of a very serious nature (Adomako) update to (R v Broughton)
• Actus reus = Is death arising from the grossly negligent act of D
• Mens rea = Gross negligence of D

  Negligence is a type of mens rea
• In a successful claim for negligence, in civil law, the person who caused the injury or damage is only liable if:

  • they owe the claimant a duty of care, and
  • they breached this duty, and
  • the breach caused reasonable foreseeable injury or damage
• Gross negligence manslaughter = A form of involuntary manslaughter where the defendant is grossly negligent in breach of duty of care towards the victim, and this results in the victim's death
• Gross negligence manslaughter is committed where the defendant owes the victim a duty of care but breaches the duty in a way that is so criminal it is negligent, causing the death of the victim

  • It can be committed by an act or an omission neither of which has to be unlawful
  • This offence might be considered in many circumstances, but typically involves death following medical treatment of care, death in the workplace or death in custody
• The defendant has created a dangerous situation (R v Evans)

  A duty of care can exist where the defendant has created a state of affairs, which he or she knows or ought reasonably to know, has become life - threatening
• Breach of duty causing death

  Once a duty of care has been shown to exist, it must be proved that the defendant was in breach of that duty of care and that this breach caused the death of the victim
• Gross negligence

  The fact that a defendant has been negligent is not enough to convict them of gross negligence manslaughter. The negligence has to be 'gross'.
• Gross negligence

  At the time of the breach, the jury must conclude that a reasonably prudent person would have foreseen that a reasonable prudent person would have foreseen a serious and obvious risk of death, and not merely a risk of injry
• Gross Negligence = Beyond a matter of mere compensation and showed such disregard for the life and safety of others as to amount to a crime

  Conduct so bad in all the circumstances as to amount to a criminal act or omission