Gross Negligence Manslaughter

These flashcards cover key concepts and case law pertaining to Involuntary Manslaughter and Gross Negligence Manslaughter.

What is Gross Negligence Manslaughter?

It is committed when the defendant breaches a duty of care in a way that is so serious it amounts to criminal negligence, causing the victim's death.

What are the key elements required to prove Gross Negligence Manslaughter according to Adomako (1994)?

1. A duty of care exists.

2. There is a breach of that duty involving a risk of death.

3. The gross negligence caused the death.

In R v Broughton (2020), what are the six elements needed to convict for Gross Negligence Manslaughter?

1. Duty of care owed to the victim.

2. Negligently breached duty.

3. Serious and obvious risk of death at the time of the breach.

4. Reasonable foreseeability of the deadly risk.

5. Significant contribution of the breach to the death.

6. Breach viewed as exceptionally bad by the jury.

How did Stone and Dobinson (1977) establish duty of care?

The defendants undertook care of an elderly relative, leading to a conviction for manslaughter due to failing to provide necessary care.

In the case of R v Wacker (2002), what was established about duty of care concerning illegal acts?

A defendant can owe a duty of care to accomplices in a crime despite the illegal nature of the act.

What defines 'gross negligence' as per Bateman (1925)?

Gross negligence is a degree of negligence far greater than in civil cases, showing a disregard for the life and safety of others.

What constitutes the mens rea for Gross Negligence Manslaughter?

Mens rea is judged by behavior rather than intention; an obvious risk of death must be present, assessed objectively.

According to R v Rose (2017), what is an 'obvious' risk?

An obvious risk is one that is clear, unambiguous, and immediately present, not something that may become apparent after further investigation.

What is required for 'substantial cause' in a Gross Negligence Manslaughter case?

Both factual and legal causation must be established to prove that the negligence was a substantial cause of the victim's death.

In which case was it determined that simple lack of care is insufficient for criminal liability?

Andrews (1937), emphasizing that a very high degree of negligence must be proved for criminal charges.