Gross negligence manslaughter

• Gross negligence manslaughter


  Defined in the case of (R v Adomako)
• Gross negligence manslaughter

  1. Requires a duty of care

  2. Breach of duty

  3. Risk of death that caused death
• Duty of care

  • There must be a duty of care
• Types of duty of care

  • Contractual duty - (R v Pitwood)
  • Professional duty - (R v Dytham)
  • Voluntary acceptance of duty for another - (R v Stone and Dobinson)
  • Creates a dangerous situation - (R v Wacker)
  • Special relationship - (R v Gibbins and Proctor)
  • Statutory duty - (Greener v DPP)
• Breach of duty

  There must be a breach of duty
• Objective test for breach of duty

  Duty must be breached so much so that it falls beneath the standard of care from an ordinary reasonable man (R v Becker)
• Jury decides extent in which the breach of duty departs from the standard
• Risk of death


  There must be risk of death, not risk of injury/ serious injury and it does not matter if the defendant doesn't see the risk of death (R v Misra v Srivastava)
• 'a reasonable, prudent man would've foreseen a serious and obvious risk not of serious injury but death' (R v Singh)
• Causation

  • 'but for' test (R v Pagett)
  • 'de minimi principle' (R v Kimsey)
  • Defendant's actions do not have to be sole cause of death, as long as they are not so trivial (R v Carey)
• Gross negligence


  The defendant's negligence must be so gross that it is criminal in the eyes of the jury and shows 'such disregard for the life and safety of others' (R v Adomako)