Gross negligence ms

• GNM is a form of involuntary ms
• It is where the D is grossly negligent in a DOC, that is breaks, causing the death of the V
• The leading case for this is R V Adomako
• The first rule is existence of DOC which arises from Caparo V Dickman
• In terms of existence of DOC, 1) harm must be reasonably foreseeable as in Kent V Grithiffs 2) there must be a proximal relationship as in Mcloughin V Obrien and 3) it must be fair just, reasonable to impose doc as seen in Chief countable V West Yorkshire ripper
• Secondly, there must be a breach in a DOC which uses the reasonable person test, the case for this is R V Dias
• 3rdly, this breach must be significant to the death of the v , so factual and legal causation are relvent
• Lastly, this must be so gross that it amounts to criminal conduct. This is for the jury to decide the case for this is Misra V Stratisava