law - gnm

• Negligence


  When the civil concept of negligence becomes so serious that it is decided to be criminal
• Negligence


  • Often the result of an omission
  • Results in death
• To prove Gross Negligence Manslaughter (GNM)


  1. D owed V a duty of care

  2. D broke/breached the duty

  3. H caused death

  4. And was so serious that it was gross (this makes it criminal)
• Neighbour test


  D must take reasonable care to avoid acts or omissions which he can reasonably foresee will injure his neighbour (developed by Lord Adkin)
• Ex turpi causa
• A duty can still be owed in gross negligence even if D is committing a criminal act e.g. (Wacker)
• Reasonable man testcase


  D must have fallen below the standard of care expected of a reasonable person in the same or similar circumstances (Adomako)
• What makes negligence gross


  • Risk of death
  • Goes beyond compensation