Gross Negligence Manslaughter


This is a type of involuntary manslaughter. This means the means that the defendant committed the actus reus of murder but did not have the intention to kill or cause serious injury


  • A duty of care exists on the part of the defendant towards the victim
  • There is a breach of that duty of care, which causes death
  • The gross negligence is such as to be considered criminal by the jury 

Duty of Care

Donoghue v Stevenson: you owe a duty of care to your neigjbour, that is, someone closely and directly affected by your actions

Stone v Dobinson: duty taken on voluntariliy 

Litchfield: duty to manage and maintaine property (contractual)

Wacker: duty


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