Gross Negligence Manslaughter

• Involuntary Manslaughter

  This is another way of committing manslaughter. It is completely different from unlawful act manslaughter as it is committed where the defendant owes a duty of care but breaches that duty in a very negligent way, causing the death
• Gross Negligence Manslaughter (CNM)


  Can be committed through an act or an omission, but neither must be unlawful
• Gross Negligence Manslaughter (CNM)

  • The defendant must owe a duty of care to the victim

  2. The defendant must breach that duty of care

  3. At the time of the breach, there must be a serious and obvious risk of death

  4. It must be reasonably foreseeable at that time that the breach gives rise to a serious and obvious risk of death

  5. The breach must cause or significantly contribute to the death of the victim

  6. The jury must consider that the breach justifies criminal sanction
• Duty of Care


  This is based on the general principles of negligence as established in Donoghue v Stevenson, where it was stated that a duty of care can be established through precedents
• Duty of Care


  • A doctor owes a duty of care to their patient (as shown in Adomako)

  A landlord owes a duty of care to their tenants (as shown in Singh)

  An employer owes a duty of care to their employees (as shown in Wacker)

  A parent owes a duty of care to their child (as shown in Harris and Hough)
• A duty of care has been held to exist for the purposes of the criminal law in various situations
• Breach of Duty of Care


  Once a breach of a duty of care has been established, it must be proven that this breach caused, or made a significant contribution to, the victim's death
• Whether there is a breach of duty is a factual matter. Did the defendant negligently do or fail to do something?
• Risk of Death


  For a successful CNM conviction, it must be shown that at the time of the defendant's breach of duty there was a reasonably foreseeable, serious and obvious risk of death
• Justifies Criminal Sanction


  The final element is for the jury to decide whether the conduct of the defendant was so gross that it should be considered criminal
• The word 'gross' means that the defendant's actions were so bad that they could be considered criminal
• For CNM, the defendant does not have the intention to kill or cause serious harm. The defendant will be guilty if they did not act as a reasonable person would have done in the circumstances.