Involuntary Manslaughter - Gross Negligence Manslaughter

• GNM - Definition from Adomako

  3 elements for a successful conviction of GNM:

  1. D must owe the V a duty of care
  2. D breaches this duty and this breach causes the death
  3. The negligence is gross which the jury considers to be “criminal”
• GNM - Test for Duty of Care owed

  Established in Donoghue v Stevenson

  Singh

  Litchfield

  Willoughby

  Evans
• GNM - DoC, Donoghue v Stevenson

  Lord Atkinson - neighbour principle

  -> there must be a close relationship, with foreseeability of harm
• GNM - DoC, Singh

  A landlord owed a duty to his tenants to maintain a gas fire
• GNM - DoC, Litchfield

  The master of a sailing ship owed a duty to the crew when he sailed knowing that the engines would fail
• GNM - DoC, Willoughby

  there will almost always be a duty of care between doctor and patient
• GNM - DoC, Evans

  D supplied his sister Carly with heroin, Carly self-injected and D failed to call an ambulance.

  Carly died, D was guilty of GNM.

  Where D creates a dangerous situation, which has become life threatening, there is a duty to act to save a life
• GNM - this duty has caused the death

  Ordinary rules of causation apply

  Paggett; White

  Kimsey

  Blaue

  Smith; Cheshire; Malcherek; Jordan

  Roberts; Williams and Davies
• GNM - this duty has caused the death - ‘but for’


  the D must be a ‘but for’ cause of death

  -> White; Paggett
• GNM - this duty caused the death - Kimsey

  De Minimus rule
• GNM - this duty has caused the death - Blaue

  Thin skull rule
• GNM - duty has caused the death - Smith; Cheshire; Malcherek; Jordan


  Novus actus interveniens by a third party
• GNM - this duty has caused the death - Roberts; Williams and Davies


  Third parties
• GNM - this duty has caused the death

  natural but unpredictable events
• GNM - final stage - negligence was “gross”

  Bateman

  -> the negligence is “gross” when it goes:

  —> ’beyond matter of mere compensation between subjects and showed such disregard for the life and safety of others to amount to a crime against the State and conduct deserving of punishment‘