Law Involuntary Manslaughter Gross Negligence Manslaughter

What act is Gross Negligence Manslaughter Found under

What act is Gross Negligence Manslaughter Found under

It is a common law offence

Gross Negligence Manslaughter Intro

Duty of care exists

Duty breached - R v Adomako

Has to be criminal negligence

Leading case - R v Adomako

Updated by R v Broughton which requires 6 elements to prove

1. Duty of care exists

R v Adomako - Doctor/Patient

R v Singh - Landlord/Tenant

R v Wacker - victims can be part of criminal act and still count

2. Breach of said duty

R v Adomako

Did the defendants conduct fall below that of a reasonable person in their position

3+4. Reasonably foreseeable, obvious risk of death from the defendants conduct

R v Rose

R v Adomako

Immediately apparent

5. Causation

Factual - R v White

Legal - R v Kimsey

Thin skull rule - R v Blaue

Intervening acts ( novus actus interveniens )

6. Negligence is Gross

R v Sellu - up to jury to decide

R v Cornish - negligence is so flagrant and atrocious it amounts to a crime