Gross Negligence Manslaughter

R v Adomako

Laid out the 6 part test clarified in Broughton. Also said a case must be ‘so bad in all circumstances that it amounts to a criminal act or omission’

Broughton

Set out the six part test for GNM. Owe a duty of care, that duty was breached, obvious risk of death at the time, reasonably foreseeable risk, contributed significantly, amounted to gross negligence.

Robinson v Chief Constable of West Yorkshire

Established that the Caparo v Dickman test only needed to be used for new and novel cases, otherwise establish a duty by looking at existing situations. Police aren’t exempt from claims of gross negligence.

R v Instan

Where one party assumes responsibility for another, failed to look after her aunt.

Wacker

Can have a duty of care even when both are complicit in a crime. Lorry driver of illegal immigrants.

Evans

Duty can arise when setting in motion a dangerous act and failing to act. Mother gave daughter heroin and failed to seek medical attention when she overdosed. Self injection usually breaks causation, in this case it didn’t.

Blyth v Birmingham Waterworks Co

Defined negligence as ‘the omission to do something a reasonable man would do or something a prudent reasonable man wouldn’t do’.

Wilsher v Essex AHA

Lack of skill or being unqualified is not a defence for gross negligence

R v Rudling

Doctor failed to administer treatment to a boys black genitals, not GNM as there wasn’t an obvious risk of death

R v Rose

Optometrist wasn’t given most recent eye scans for a boy and failed to detect a condition. No risk of death at the time of breach so no gross negligence.

Bateman

Doctor didn’t send victim to hospital for 5 days after part of her uterus came away. Defined gross negligence as the ‘disregard for the life and safety of others.’