Gross Negligence Manslaughter OCR Law G153

Gross Negligence Manslaughter

Very different to UDAM in that the D hasn't initially committed a crime
Can be an act or an omission
Common law ­ maximum life sentence
Linked to negligence in civil law, even though civil and criminal law are
very different
Adomako is the leading GNM case…

4) The breach was so gross it's criminal
The negligence has to be gross (very bad). The jury decide whether its gross ­
very little guidance is given to the jury
Deciding if something is gross is a legal matter ­ the jury should only be
considering factual issues
The…

Decision
COA said that Adomako is clear. The test in GNM involves consideration of the
risk of death. It's not sufficient to show a risk of bodily injury/injury to health ­
must be death. The term `risk' overlaps with reckless manslaughter
Has to cause death ­ factual test (but for),…

Reform of GNM
1996 Law Commission Report
2 categories were proposed:
1. Reckless Killing
Ds aware that his conduct will cause death/GBH and it's unreasonable to take
that risk having regard to the circumstances as he believes them to be
2. Killing by Gross Carelessness
Risk of death/GBH is obvious…

Criticisms of GNM
Juries are often more reluctant to convict professionals
Jury are deciding a legal point ­ what is gross? Little guidance is given
as to what gross means. Also referred to as the circular test, jury are
directed to convict of a crime if they think the conduct…