Gross Negligence Manslaughter

• 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"