Gross negligence manslaughter

R v Adomako

The original case for GNM. D negligently failed to notice an oxygen tube was disconnected from a patient until they were turning blue. V died, and D was convicted. In this case, Lord Mackay said to to use civil rules on negligence, which currently come from the case of Robinson v Chief Constable of West Yorkshire.

R v Broughton

Creates the 6 elements. D provided drugs to his girlfriend who died. He was charged for being grossly negligent as he failed to call medical assistance.

Element 1 - duty of care

D must owe V a duty of care. Based on civil negligence principles as stated by Lord Mckay in R v Adomako.

R v Wacker

D carried illegal immigrants into the country in his lorry and 58/60 of them died as air vents were covered. It was held he owed them a duty of care even though they were both committing criminal acts.

Element 2 - duty must be breached

Ordinary principles of negligence apply here.

R v Litchfield

D let his ship sail even though he knew the engines might fail. They did, and therefore 3 crew members died. D was liable.

R v Singh

D owned a property in which had a faulty gas fire, killing the tenants. It was recognised there was a duty of care.

R v Khan and Khan

It was decided it does not have to just be a contractual duty, and it can stretch to duty situations. In this case, D supplied heroin to her half sister who showed symptoms of an overdose yet no medical help was called. She died.

R v Kuddus

D did not know about the allergy and therefore was not liable.

R v Zaman

D did know about the allergies and therefore was guilty.

Element 3 - there must be a serious and obvious risk of death.

Risk of harm does not suffice.

R v Bateman