gross negligence manslaughter

• what is the significance of the case of r v Adomako?

  The case is an example of where a duty of care had been owed, and broken due to negligence by the defendant
• What is the significance of the case of r v Broughton?

  introduced the 6 elements to gross negligence manslaughter
• What is the first element of gross negligence manslaughter?


  There was a duty of care present

  The duty of care that was present needs to be considered, eg the case of r v stone and dobinson

  Ordinary principles of negligence apply
• What is the significance of the case of r v wacker?

  It is an example of a duty of care being breached
• what does it mean if the ordinary principles of negligence apply?

  It is a question that asks if the Defendant's conduct fell below the standard expected by a reasonable person carrying otu the same activity, it is a facutal matter for the jury to decide
• what is the significance of the case of r v Singh?

  A contractual duty of care was broken
• What is the significance of the case of r v litchfield?

  A contractual duty of care was broken
• What was the significance of the case of r v Khan and Khan?

  A duty of care was broken (when the defendant creates a dangerous situation)
• what is the second element of gross negligence manslaughter?

  The omissions and/or actions of the defendant amounted to a breach of duty
• What is the third element of gross negligence manslaughter?

  The defendant's actions and/or omission created a risk of death
• In element 3 of gross negligence manslaughter, what type of risk must be created?

  Serious and obvious. Something that is much more than minimal or remote
• In element 3 of gross negligence manslaughter, in the context of a risk of injury or illness- what type of risk must have been created?

  It must be an obvious risk, that is present, clear and unambiguous. It is immediately apparent, striking, and glaring rather than something that might become apparent on further investigation
• what is the significance of the case of r v misra and srivastava??

  The CA confirmed that in terms of element three of gross negligence manslaughter, a risk of death will suffice in terms of the risk created.
• what is the fourth element of gross negligence manslaughter?

  The risk of death was reasonably forseeable
• What is the fifth element of gross negligence manslaughter?

  The breach of duty was the cause, or made a significant contribution to the death of the victim
• what is the sixth element of gross negligence manslaughter?

  In the eyes of the Jury, the actions and/or omissions of the defendant were gross negligence
• What did lord mackay say in the case of r v adomako in terms of element 6 of gross negligence manslaughter?

  "[...] Having regard to the tisk of death involved, the conduct of the defendant was so bad in all the circumstances as to amount in their judgement to a criminal act or omission"
• what is the significance of the case of r v edwards?

  It is an example of the Jury thinking the defendant(s) actions were negligent
• What is the significance of the case of r v finlay?

  it is an example of the jury thinking that the defendant's actions were not negligent