gross negligence - involuntary manslaughter

What needs to be proven

Owe a duty of care

Breached that duty

The breach caused harm

Cases that show owing duty of care

R v Adomako - doctor

Donoghue v Stevenson

R v Winter - fire service cameraman

What is the neighbour principle & what case did it come from

Take reasonable care to avoid acts/omissions which you can reasonably foresee would likely injure your neighbour

Donoghue v Stevenson

Cases that show GN can be an act or omission

R v Adomako

R v Singh - gas fire at property & tenants died

R v Wacker - helped people immigrate illegally

Cases that show a contractual duty is not needed

R v Stone & Dobinson - disabled & takin care of elderly sister who died

R v Willoughby - set fire to his old pub, it collapsed & killed his friend

R v Evans - gave heroin to half-sister, she started to OD & he failed to get medical help

Cases that show a breach of duty

R v Misra & srivasta - failed to spot an infection

R v Adomako

R v Bateman

What was said in the outcome of R v Bateman

‘Negligence is gross when it goes beyond a matter of mere comprehension between subjects & shos such a disregard for the life & safety of others as to amount to a crime

What are the problems with involuntary manslaughter

Hard to prove mens rea

What counts as a dangerous act?

Could be accidental

Left up to jury

Death can be unexpected