Gross Negligence Manslaughter

• What type of manslaughter is Gross Negligence

  Invoulantry.
• What is gross negligence manslaughter?

  • A common law offence, where the manslaughter was committed by an act or omission.
  • Defined in R v Bateman and more recently defined in R v Akomako.
• R v Akomako


  The defendant was an anaesthetist, whose job it was to monitor amongst other things, the oxygen supply to the patient during a routine eye operation. The oxygen tube became disconnected and consequently the victim died.

  In fact, it was argued that the reasonable man, in other words, other competent anaesthetists, would have noticed the disconnected tube much earlier than the defendant and so harm would not have resulted.,
• According the the judgement in R v Lawrence and reaffirmed in R v Adomako, the risk to the victim must be of death, rather than simply a risk of some injury.
• It is up to the jury to decide whether the level of negligence exhibited was “so gross” as to amount to a criminal rather than a civil negligence charge.
• R v Bateman


  To support an indictment for manslaughter the prosecution must satisfy the jury that the negligence of the accused… showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment
• The grossness also depends upon the seriousness of the breach of duty committed by the defendant, in all the circumstances in which the defendant was placed, when it occurred.