Gross negligence manslaughter is set out in 6 steps by R v Broughton.
An established duty of care is required between the defendant and the victim.
Voluntary duty of care
Stone v Dobinson
Chain of events duty of care
Miller
Statuatary duty of care
Donoghey
Relationship duty of care
Gibbens
Professional duty of care
Bolam
Leaners duty of care
Nettleship
Official position duty of care
Dytham
2) A breach of a duty is when the defendant did not meet the standard of care of a reasonable person. (Blythe)
Risk factors such as size of risk, (Latimer) and precautions taken will influence the standard of care required of the defendant.
3) There must be a serious and obvious risk of death. Serious under Broughton means that the negligence results in the victims death. Misra states that obvious means the risk of death is clear and easy to see to a reasonable person.
4) Risk of death must be reasonably foreseeable to the reasonable person.
5) Causation applies as usual, White and Kimsey.
6) Gross negligence is defined by Adamako as an act so 'truley and exceptionally bad' as well as Bateman stating the defendant had a complete disregard to the victims life and safety.
