Gross Negligence Manslaughter

Cards (10)

  • Gross Negligence Manslaughter is committed when the defendant owes the victim a duty of care but breaches that in a criminal way and is therefore negligent in causing the death of the victim.
  • R v Adomako outlines the four elements:
    1. The existence of a duty of care
    2. A breach of that duty caused death
    3. There was a risk of death
    4. Gross Negligence
  • Donoghue v Stevenson outlines duty of care and the neighbour principle.
  • Caparo v Dickman says the Judge can decide if the imposition of a duty would be "just and reasonable"
  • A breach of duty is when the D falls below the standard of care.
  • The breach must be serious.
    Finlay.
  • Risk of death comes from causation.
    R v Singh
  • The negligence must be gross.
  • Bateman: "Disregard for the life and safety of others"
  • Andrews: "High degree of negligence"