Gross negligence manslaughter

• (Insert D's name)


  The defendant
• (Insert V's name)


  The victim
• Gross negligence manslaughter


  • The tests were established in Adumato
  • There must be a duty of care owed by the defendant to the victim
  • There must be a breach of the duty of care arising from the action/omission of the defendant
  • There must be a risk of death which is an objective test
  • The breach of the defendant must cause the death of the victim
  • The breach of duty of care must be grossly negligent
• Duty of care


  1. Arises from a positive act - D owes a duty of care to V as there was a positive act of (insert what was done) and it is reasonably foreseeable that V may be harmed by this act

  2. Arises from an omission - D owes a duty to act because of (select the nearest category: special relationship, voluntary assumption of care, D created a dangerous situation, duty under contract, D and V were involved in a criminal activity together)
• Breach of duty of care

  Defendant fails to reach the standards of the reasonable person carrying out the same activity (if D has skill, the test is a reasonable person with the same skill, if a learner then still a reasonable person who has the skill, if a child then the reasonable child of the same age)
• Risk of death is an objective test
• The breach of the defendant must cause the death of the victim
• Gross negligence


  The negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment