Gross Negligence Manslaughter

• Arises when there is a death caused by negligence so severe as to deserve punishment under criminal law
• D owed a duty of care: Donoghue v Stevenson.

  If person under a duty of care commits a negligent act or fails to do something then may be liable
• D breached this duty.

  D falls below the standard of care a reasonable person would take then there is a breach.

  -D must be ‘reasonably competent‘ : Blyth v Birmingham waterworks

  -Learner: Nettleship, Expert: Bolam, Child: Richards
• D’s breach caused victims death

  • must be a casual link between breach and death: Douglas-Williams
  • Negligence must have caused the death in that it is more than minimally, negligibly or trivially contributed to the death.

  Breach amounted to ‘gross negligence’

  • beyond a matter of mere compensation and shows disregard for life and safety of others : R v Bateman
  • It was required that the circumstances were so reprehensible as to amount to gross negligence: R v Misra