Gross Negligence


Gross Negligence Manslaughter (GNM)

Four elements: Duty of Care, Breach in the duty, Breach is gross and risk of death in the behaviour

Key Case: Adamako - outlined the four elements needed for a GNM

Duty of Care: 'a person who is closely or directly affected by my actions (Donohue v Stevenson)

Breach in the Duty of Care: measured against reasonable and competent person but can be adjusted to take into account other characteristics such as learner, professional and child etc

Gross: 'Does the conduct show such disregard for the life and safety of other' (Bateman)

Risk of death: is an objective test so therefore it is irrelveant if the D didnt believe it to be a risk of death

Mens Rea: for involunatry manslaughter you dont have to have the inteniton to kill or cause GBH as the D is judged on their behaviour and not their state of mind

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