Gross negligence Manslaughter

• Principles in civil law can be transferred to criminal law ( Adomako )
• Must be a duty of care ( Robinson v CCWYP )
• examples

  Landlord and tenant ( Singh )

  Ship captain and crew ( Litchfield )
• Defendants conduct falls below the defendants reasonable persons conduct in the same situation ( Adomako )
• Factual causation - But for test ( Pagett )
• Legal causation - more than a minimal cause - substantive and operative cause of death ( Kimsey )
• Thin skull rule - Must take victim as you find them ( Blaue )
• intervening acts:

  3rd party

  natural but unpredictable

  V's self neglect/suicide ( Wallace )

  V's own act ( Roberts )

  medical treatment ( Jordan )

  drug cases ( kennedy )

  life support ( malcherek )
• it is a matter for the jury ( Sellu )
• negligence must be significantly 'gross' to justify as a criminal conviction ( Adomako )
• gross negligence is the disregard for life and safety of others ( Bateman )
• so flagrant and atrocious it would amount to a crime ( Cornish )
• A reasonable person undertaking the same role would've foreseen a serious and obvious risk of death not just injury ( Adomako )
• Established a serious and obvious risk of death ( Rose )