Fatal offences

• Who may be liable for gross negligence manslaughter (gnm) of the victim (V)?

  The defendant (D) may be liable for the gnm of V.
• What is the leading case for gross negligence manslaughter?

  The leading case is Adomako.
• What must be satisfied for a defendant to be liable for gross negligence manslaughter?

  The tests that must be satisfied were confirmed in Broughton.
• What is the first requirement for establishing gross negligence manslaughter?

  There must be an existing duty of care owed by the defendant (D) to the victim (V).
• What are the reasons for establishing a duty of care in gross negligence manslaughter?

  • Dangerous situation (R v Miller)
  • Contractual obligation (R v Pittwood)
  • Special relationship (Gibbons and Proctor)
  • Voluntarily assumed care (Stone and Dobinson)
• How does involvement in criminal activity affect the duty of care in gross negligence manslaughter?

  The duty of care is not negated by involvement in criminal activity, as established in Wacker.
• What must the defendant (D) do to breach their duty of care?

  D must fail to reach the standard of a reasonable person.
• How is the standard of a reasonable person determined in cases involving a defendant with a skill or profession?

  The standard is that of a person with that skill or profession.
• What must be present at the time of the breach of duty for gross negligence manslaughter?

  There must be a serious and obvious risk of death.
• How must the risk of death be characterized for it to be considered in gross negligence manslaughter?

  The risk must be clear, unambiguous, substantial, and significant to a reasonable person.
• What must the breach of duty of care cause in order for gross negligence manslaughter to be established?

  The breach must cause the death of the victim (V).
• What is the test for causation in gross negligence manslaughter?


  If there is no causation issue, D caused in fact the death of V as "but for" D's actions, V would not have died.
• How is causation in law established in gross negligence manslaughter?

  D also caused in law the death of V, as they were the substantial and operating cause of the death.
• What does it mean for a breach of duty of care to be grossly negligent?

  It means the breach was truly exceptionally bad and so reprehensible that it justified criminal sanction.
• Why would a jury consider a breach of duty to be exceptionally bad in gross negligence manslaughter?

  A jury would think that what D did was exceptionally bad and immoral, deserving punishment in criminal law.
• What is the conclusion regarding D's guilt in gross negligence manslaughter to V?

  D is/not guilty of gnm to V.