Gross Negligence MS

• four elements the defendant needs to satisfy, set out in the case of (Adomako)
• The defendant must owe a duty of care (Adomako).  
• Ordinary principles of negligence in tort apply (Caparo V Dickman) 
• The fact V was party to an illegal act is not relevant (Wacker) 
• Duty can be contractual (Singh) (Litchfield) 
• Duty can arise because of a relationship (Stone and Dobinson) 
• Duty can arise where D creates a state of affairs, D needs to call for medical help (Evans) 
• There must be a breach of duty which causes the death. Can be an act of omission. Causation rules apply. 
• The breach must be “Gross” 
• (Bateman) defined “Gross" as beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime
• (Adomako) confirmed this test and stressed its a matter for the jury to decide
• There must be a risk of death. 
• There must be a risk of death to the victim due to the breach (Adomako) 
• Confirmed by (Mira) - must be a risk of death for victim to be guilty 
• gross negligence manslaughter - don't buy green rats