Gross Negilgence Manslaughter

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Gross Negligence Manslaughter comes from Adomako and was approved in Bateman.

Whether or not someone can be guilty of Gross Negligence Manslaughter is determined when answering the question "having regard to the risk of death involved, was the confuct of the defendant SO BAD in all circumstances as to amount to a criminal act or omission". "SO BAD" is what makes it GROSS negligence.

In the case of Adomako 1994 an anaesthetist failed to notice that a patients oxygen supply had stopped. This case showed that the first step is establishing whether or not a DUTY OF CARE exists. This is determined with reference to the civil case - Donoghue v Stevenson where Lord Mackay said a…


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