GNM

• What is the definition of Gross negligence manslaughter?

  Where the death is as a result of a grossly negligent act or omission on the part of the defendant
• Which case laid out the ORIGINAL four-stage test for Gross negligence manslaughter?

  Adomako
• Which case developed the four-stage test in Adomako into the six-stage test for Gross negligence manslaughter?

  Broughton
• What are the six elements to the six-stage test for Gross negligence manslaughter?

  The defendant owed a duty of care to the victim

  The defendant negligently breached that duty of care

  At the time of the breach there was a serious and obvious risk of death

  It was reasonably foreseeable at the the time of the breach that it gave rise to a serious and obvious risk of death

  Causation

  The circumstances of the breach were so bad as to justify that it amounted to a gross negligence
• When might the defendant owe a duty of care to the victim for the first element of Gross negligence manslaughter?

  A contract (Pittwood)

  If the defendant and the victim were engaged in illegal activities together (Wacker)

  Road users, 6 duties, doctors and patients, etc.
• What case states that a duty of care is owed because of a contract?

  Pittwood
• What case states that a duty of care is owed victim if D. and V. are engaged in illegal activities together?

  Wacker
• What is the objective test to decide if the defendant negligently breached a duty of care?

  What would a reasonable person have done in the defendant's position at the time of the breach
• Why will a lack of skill not be a defence if the defendant negligently breaches a duty of care?

  An unqualified person is judged at the same standard as a reasonable person
• When might the defendant be judged at a higher standard than the reasonable person if he negligently breaches a duty of care?

  If he has particular skills or knowledge of a danger that the reasonable person would not have
• What is a key case for the third element of Gross negligence manslaughter?

  Singh
• What does "Serious" mean in the context of a "Serious and obvious risk of death"?

  The risk of death is something more than minimal - risk of injury or illness, or serious injury or illness is not enough
• According to Misra, what does "Obvious" mean in the context of a "Serious and obvious risk of death"?

  Present, clear and unambiguous
• What case tells us what the word 'obvious' means in the context of a "Serious and obvious risk of death"?

  Misra
• What is the objective test for a "It was reasonable foreseeable that the breach gave rise to a serious and obvious risk of death"?

  The risk would have been obvious to a reasonable person in the defendant's position
• What is the first element of gross negligence manslaughter?

  The defendant owed a duty of care to the victim
• What is the second element of gross negligence manslaughter?

  The defendant negligently breached this duty of care
• What is the third element of gross negligence manslaughter?

  At the time of the breach, there was a serious and obvious risk of death
• What is the fourth element of gross negligence manslaughter?

  It was reasonably foreseeable at the time of the breach that it gave rise to a serious and obvious risk of death
• What is the fifth element of gross negligence manslaughter?

  Normal rules on causation
• What is the sixth element of gross negligence manslaughter?

  The circumstances of the breach were truly bad as to justify that it amounted to gross negligence
• Whose view determines that the circumstances of the breach were truly bad as to justify that it amounted to gross negligence?

  Jury
• What is the sentence of gross negligence manslaughter?

  Life imprisonment