Gross Negligence Manslaughter

• Don't

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• The offence of Gross Negligent Manslaughter follows 4 key elements as laid down in the case of Adomako.
• 1. The D must owe the V a Duty of Care (Adomako)
• Ordinary principles of negligence in tort apply as set out in Caparo V Dickman.
• Wacker


  The fact V was party to an illegal act is not relevant.
• Singh, Litchfield


  Duty can be contractual.
• Stone and Dobinson


  A duty can arise because of a relationship.
• Evans


  Duty can arise where D creates a state of affairs. Need to call for medical help.
• 2. There must be a Breach of Duty which causes the death. Can be an act or omission, causation rules apply.
• 3. The breach must be 'Gross'.
• Bateman 


  Gross is defined as:

  'the negligence of the accused went 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 the gross test and stressed it is a matter for the jury to decide.
• 4. There must be a Risk of Death.
• Adomako


  There must be a risk of death to the victim because of the breach.
• Mirsa


  The point of law in Adomako was confirmed in this case - there must be a risk of death to find the defendant guilty.