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?

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

  D. owed duty of care to victim

  D. negligently breached duty of care

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

  Reasonably foreseeable at the the time of the breach that it gave rise to serious and obvious risk of death

  Causation

  Circumstances of breach so bad to justify it amounted to a gross negligence
• When might the defendant owe a duty of care to the victim for the first element?

  Contract (Pittwood)

  D. and the V. engaged in illegal activities (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?

  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 case for the third element?

  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
• 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?

  D. owed duty of care to V.
• What is the second element of gross negligence manslaughter?

  D. negligently breached duty of care
• What is the third element of gross negligence manslaughter?

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

  Reasonably foreseeable at the time of the breach it gave rise to 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?

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

  Jury
• What is the sentence of gross negligence manslaughter?

  Life imprisonment