(GNM) arises when Ds conduct is seriously negligent and that negligence causes death . committed through either act or an omission neither of which have to be unlawful .
Adomako (1994) - restated in the case of Broughton .
(GNM ) definition
a duty of care .
breath of that duty .
a serious and obvious risk of death .
reasonable foresight .
causation .
Negligence is ''gross'' .
1 (GNM ) duty of care
(Donoghue v Stephenson) - Lord Atkin ' neighbourprinciple ' A person owes a duty of care to those closely and directly affected by their actions .
Singh (1999) faulty gas fire landlord .
Khan v Khan (1998)
2 (GNM ) duty breached
Ds conduct fell below standards of areasonable person . Omission , or an act ?
reasonably foreseeable .
3 (GNM) a serious and obvious risk of death
Test in GNM has to be a riskofdeath . To show a risk of GBH or injury not enough to suffice .
R v Rose (2017) eye examination .
R v Ruddling (2016) life threatening is not the same as an obvious risk of death .
Misra and another (2004) infection .
R v Kuddus (2019) takeaway owner v allergic reaction died .
4 (GNM) causation
Factual causation : but for test
5 (GNM) negligence must be gross
"gross" means conduct so bad that D is criminally liable in eyes of jury .
Bateman (1925) v uterus came out when giving birth doctor failure to send her to hospital v died .
