Gross Negligence Manslaughter

• Defintion

  Where D causes death towards V, breaching duty of care

  Ds acts/omissions must fall so far below the required standards of care that it goes beyond compensation and amount to crime
• Key element 1

  Did D owe a duty of care?

  Was it reasonably foreseeable that V may be injured due to Ds negligence (Singh)

  If V had failed to do something - did they owe V a duty to act (Winter)
• Key element 2

  Did D breach duty?

  Fell below the standards of a reasonable person performing that activity

  *Did breach cause death - Factual + legal causation

  *Omissions cases- prosecution must prove that V could have been saved (Broughton)

  *Was there a foreseeable risk of death (Rose)
• Key element 3

  Was D grossly negligent?

  *Must be so gross that it is considered criminal (Adomako)

  *So bad it must be criminally judged (Bateman)