Gross Negligence Knowledge Summary

• Involuntary manslaughter is defined as the unlawful killing without malice aforethought. GNM arises where D's conduct is seriously negligent and that negligence causes death.
• Adomako contains the main criteria for GNM. There must be an obvious risk of death and the recent case of Broughton has added in that it must be reasonably foreseeable the breach could give rise to a serious and obvious risk of death.
• A duty of care: Initially uses the 'neighbour principle' from Donoghue v Stevenson as acts or omissions that directly effect your neighbour who should be in their contemplation. Where the D fails to act when he has a responsibility to act or a relationship of protection. This may be an established duty situation such as doctor patient or a drive-other road users.
• It can arise from a positive duty or form an omission such as a duty to act where there is a voluntary acceptance of responsibility (Stone & Dobinson) or a parental responsibility (Gibbons & Proctor) or a contractual responsibility (Pittwood) or the inadvertent creation of a dangerous situation (Miller).
• Breach of duty: Fallen below the standard of the reasonable person in that situation; Blythe v Birmingham Waterworks.
• Obvious Risk of Death: Broughton - a reasonably prudent person must foresee a serious and obvious risk of death and not merely a risk of injury. Obvious means 'a present risk which is clear and unambiguous, not one which might become apparent on further investigation' (Rose)
• Causation

  1. Factual - 'but for' (White)
  2. Legal - de minimis (Kimsey), operating and substantial (Smith)
  3. NIA - v's own actions (Roberts), v's self neglect (Wallace/Holland), actions of a 3rd party (Pagett), palpably wrong medical treatment (Jordan/Smith), thin skull rule (Blaue)
• Gross Negligence:

  The jury must then decide whether the D's actions were grossly negligent. Bateman stated negligence is gross when it goes beyond mere compensation and shows such disregard for the life and safety of others as to amount to criminal punishment. The standard applied in case-law has differed, as seen in the cases of Edwards and Finlay.
• If the offence is established, D is convicted of involuntary manslaughter which carries a discretionary sentence.