[GNM] ❶ A duty of care) The defendant [GNM] ❷ A breach of duty) The [GNM] ❸ Causation) The death [GNM] ❹ “Gross” Negligence)
must take reasonable care to avoid acts or defendant must have fallen below must be caused by the defendants Where the defendants conduct
omissions, that d can reasonably foresee the standard of care expected of a breach of duty- both factual and departs from proper standers of
would be likely to injury his neighbour. reasonable person in the same or legal causation must be care, involving a risk of death, such
(Donahue V Stevenson), for neighbour test, similar circumstances. (Adomako) established. that it should be judged criminal.
from taut law: (Wacker). • (Factual causation) But for the (Adomako)
i. The damage is reasonable foreseeable • If the defendant is involved in a defendants breach of duty, the
ii. D closely and directly affected D RTC and is a learner driver, this victim would not have died
iii. It is fair, just and reasonable to impose is not taken into account (White) Thus, the jury must the establish:
a duty on the defendant (Nettleship v Weston). • (Legal causation) The Having regard to the risk of death
i. (Caparo v Dickman) • If in doubt, its all about what a defendants breach of duty was involved, was D’s conduct so bad in
• D does not owe a duty of care just reasonable person would do in the more than minimal cause of all the circumstances as to amount
because D is in a position to help. that situation (Hillsburgh death (South London Coroner) to a criminal act or omission?
• A duty taken voluntarily (Stone and disaster) • A very high degree of
Dobinson) negligence. (Andrews)
• Such disregard for the life and
safety of others as to amount to
a crime against the state,
[GNM] ① A duty of care- Involuntary Manslaughter deserving of a punishment.
Omissions) D can assume duty of (Bateman)
care. Where the defendant has a
duty to act but fails in their duty, Gross Negligence Manslaughter
causing death, it could be GNM:
(SEE ACTUS REUS) [GNM] Definition) Gross negligence manslaughter is when a civil [GNM] ❺ Risk of death) There
• A contractual duty (Pittwood) concept of murder becomes so serious it equates to a criminal must be a risk of death to an
• A duty taken voluntarily (Stone wrong. induvial, who is owed a duty of care
and Dobinson) by the defendant. (Misra and
• Starting a chain of events and [GNM] The concepts of GNM) There must be: Srivistava)
creating a dangerous situation ① Adomako) Ds actions 1. ❶ The defendant must owe a duty of
(Miller) are gross when the breach care to the victim
• An duty because of an official of duty of care is so bad in 2. ❷ The defendant must have breached
position (Dythan) all the circumstances as to that duty
amount to a criminal [GNM] Sentencing) The
• Duty because of relationship 3. ❸ The breach of duty must cause the sentence is discretionary life
(Gibbins and Proctor) offence as it has gone victims death
beyond a matter of sentence. It is also circular
4. ❹ The negligence must gross because Juries can convict D of a
compensation. (Adomako) (Adomako) crime, if they think D’s conduct is
5. ❺ It must have a risk of death criminal- Leaving a question of
law to the jury.
① R v Wacker) A duty of care can be owed when GNM can be committed by both an
the defendant is committing a crime (this is not act or an omission
the case in civil law). This is the case if both D and
V are committing a crime too. (Wacker)
Jake Saville (LVTc2-12/13) 30
must take reasonable care to avoid acts or defendant must have fallen below must be caused by the defendants Where the defendants conduct
omissions, that d can reasonably foresee the standard of care expected of a breach of duty- both factual and departs from proper standers of
would be likely to injury his neighbour. reasonable person in the same or legal causation must be care, involving a risk of death, such
(Donahue V Stevenson), for neighbour test, similar circumstances. (Adomako) established. that it should be judged criminal.
from taut law: (Wacker). • (Factual causation) But for the (Adomako)
i. The damage is reasonable foreseeable • If the defendant is involved in a defendants breach of duty, the
ii. D closely and directly affected D RTC and is a learner driver, this victim would not have died
iii. It is fair, just and reasonable to impose is not taken into account (White) Thus, the jury must the establish:
a duty on the defendant (Nettleship v Weston). • (Legal causation) The Having regard to the risk of death
i. (Caparo v Dickman) • If in doubt, its all about what a defendants breach of duty was involved, was D’s conduct so bad in
• D does not owe a duty of care just reasonable person would do in the more than minimal cause of all the circumstances as to amount
because D is in a position to help. that situation (Hillsburgh death (South London Coroner) to a criminal act or omission?
• A duty taken voluntarily (Stone and disaster) • A very high degree of
Dobinson) negligence. (Andrews)
• Such disregard for the life and
safety of others as to amount to
a crime against the state,
[GNM] ① A duty of care- Involuntary Manslaughter deserving of a punishment.
Omissions) D can assume duty of (Bateman)
care. Where the defendant has a
duty to act but fails in their duty, Gross Negligence Manslaughter
causing death, it could be GNM:
(SEE ACTUS REUS) [GNM] Definition) Gross negligence manslaughter is when a civil [GNM] ❺ Risk of death) There
• A contractual duty (Pittwood) concept of murder becomes so serious it equates to a criminal must be a risk of death to an
• A duty taken voluntarily (Stone wrong. induvial, who is owed a duty of care
and Dobinson) by the defendant. (Misra and
• Starting a chain of events and [GNM] The concepts of GNM) There must be: Srivistava)
creating a dangerous situation ① Adomako) Ds actions 1. ❶ The defendant must owe a duty of
(Miller) are gross when the breach care to the victim
• An duty because of an official of duty of care is so bad in 2. ❷ The defendant must have breached
position (Dythan) all the circumstances as to that duty
amount to a criminal [GNM] Sentencing) The
• Duty because of relationship 3. ❸ The breach of duty must cause the sentence is discretionary life
(Gibbins and Proctor) offence as it has gone victims death
beyond a matter of sentence. It is also circular
4. ❹ The negligence must gross because Juries can convict D of a
compensation. (Adomako) (Adomako) crime, if they think D’s conduct is
5. ❺ It must have a risk of death criminal- Leaving a question of
law to the jury.
① R v Wacker) A duty of care can be owed when GNM can be committed by both an
the defendant is committing a crime (this is not act or an omission
the case in civil law). This is the case if both D and
V are committing a crime too. (Wacker)
Jake Saville (LVTc2-12/13) 30
