Gross Negligence Manslaughter

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  • Gross Negligence Manslaughter
    • Must breach duty of care
      • Holloway - did D's actions fall below the standard of the reasonable man?
    • Death must be foreseeable
      • Misra - a reasonable person must foresee the risk of death
    • Must be a duty of care
      • Pittwood - contractual duty
      • Dythem - official position
      • Miller; Evans - setting in motion a series of events
      • Stone & Dobinson - duty taken on voluntarily
      • Gibbins & Proctor - special relationship
      • Wacker - two people committing a crime together owe each other a duty
    • Breach must be gross
      • Bateman - 'it goes beyond a matter of mere compensation between two parties and showed such a disregard for the life and safety of others as to amount to a crime'
    • Breach must cause the death

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