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What is Involuntary Manslaughter?
· Involuntary Manslaughter is an unlawful
killing
· Without the intent to kill or cause serious
harm
· There are three types:
­ Constructive/Unlawful Act Manslaughter
­ Gross Negligence Manslaughter
­ Reckless Manslaughter…read more

Slide 3

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What is Gross Negligence
Manslaughter?
· Leading Case is R v Adomako (1995)
· Occurs when:
­ A duty of care exists
­ And is breached
­ Through gross negligence considered criminal
­ And which causes death.…read more

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What is Gross Negligence
Manslaughter?
· There must be a duty of care
· Can be established through a variety of situations, using
the ordinary civil principles of negligence:
­ R v Adomako (1995) (Dr-Patient)
­ R v Lichfield (1998) (employer-employee)
­ R v Singh (1999) (landlord-tenant)
· A duty of care now exists where a person has created a
life threatening situation:
­ R v Khan and Khan (1998)
­ R v Evans (2009)
· A duty of care may exist even where the victims are
taking part in an illegal act:
­ R v Wacker (2003)…read more

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What is Gross Negligence
Manslaughter?
· The duty of care must be breached, causing
death
· Fair to say, this is when the person does not
fulfill that duty to the standard expected of them
· E.g. Dr- Patient, the duty is breached if the D
does not reach the standard of a reasonably
competent doctor
· There must be no break in the chain of causation
between the breach and the death…read more

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What is Gross Negligence
Manslaughter?
· There has been debate over what the risk
of the duty of care breach needs to be.
· R v Stone and Dobinson (1977) ­ to the
health and welfare of the V
· R v Bateman (1925) ­ of death
· Settled in Misra (2004) ­ risk needs to be
of death…read more

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