Gross negligence manslaughter

• R v Adomako 1994


  - patient suffered heart attack and brain damage, died 6 months later

  - oxygen tube disconnected

  - conviction upheld by HoL
• Requirements


  1. a duty of care

  2. a grossly negligent breach of that duty

  3. that caused death

  4. a risk of death

  - R v Broughton
• R v Broughton 2020


  - supplied drugs to girlfriend and didn't obtain medical assistance

  - conviction for negligence quashed as no causation evidence
• A duty of care


  you owe a duty of care to persons so closely and directly affected by your acts or omissions

  - R v Evans 2009
• R v Evans 2009

  a duty of care arises whenever the Ds conduct carries a foreseeable risk to those around them
• R v Singh 1999


  - faulty gas fire caused death of 10 tenants

  - duty on D to maintain property properly
• R v Litchfield 1997


  - owner sailed knowing engines might fail

  - crew members died

  - D owed duty to crew
• Omissions


  you can commit gross negligence manslaughter by omission and the exceptions apply
• Does a D owe a duty of care to an accomplice to a crime?

  there is only a duty of care between criminals in gross negligence manslaughter cases

  - R v Wacker
• R v Wacker 2002


  CoA stated D knew the safety of the immigrants depended on his actions so he clearly assumed the duty of care
• Grossly negligent breach of that duty

  breach of duty: 'the D has fallen below the standard of care expected of the reasonable person doing this activity'

  - Bateman 1925
• Bateman 1925


  'show such disregard to the safety of others
• That caused death


  normal rules of causation apply
• Risk of death


  - would a reasonable person have foreseen a serious and obvious risk of death?

  - R v Rose
• R v Rose 2017


  - 'a mere possibility that an assessment might reveal something life-threatening is not the same as an obvious risk of death'

  - 'an obvious risk is present which is clear and unambiguous, not one which might become apparent on further investigation