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Gross Negligence Manslaughter - Coggle Diagram
Gross Negligence Manslaughter
Duty of Care
Lord Mackay confirmed the principals from negligence in civil law apply here.
D must satisfy the neighbour principle from Donoghue v Stevenson: D owes a duty of care to anyone closely and directly affected by his act or omission.
DEFINITION: V dies as a result of D's negligence, the degree of which is sufficiently serious to make him criminally liable for the death
GNM came from Bateman where the Dr's negligence resulted in his patient's death and D's gross negligence was the basis for criminal liability
It can be committed by a positive act or omission (does not have to be illegal).
The leading case is Adomoko - D, an anaesthetist, failed to notice a disconnected tube supplying oxygen to V who later died. His failure to react quickly was described as abysmal. D was guilty of gross negligence manslaughter.
Adomoko confirmed the following must be proven:
Duty of care
Breach of duty which caused death
Gross negligence that the jury consider criminal
Breach of Duty
What was D expected to do?
Did he fail to do it or do it to a poor standard?
D is judged against the standard of the reasonable man doing the same activity as him
Case Examples:
Singh/ manage properties/ Failed to maintain faulty gas fires
Litchfield/ to crew on the ship/ sailed knowing fuel was contaminated which resulted in an explosion
Stone & Dobinson/ look after V as they volunteered/ did not feed v or get medical help
Whacker/ to illegal immigrants coming into the country/ Failed to provide fresh air
Causation
FC- but for D's breach of duty, V would not have died (Pagett)
LC- D's breach of duty contributed to V's death in a more than minimal way
Gross Negligence
Case Examples:
Adomoko/ D's conduct departed from the proper standard of care expected from him, involving a risk of death, that it should be judged criminal
Bateman/ such disregard for the life and safety of others as to amount to a crime against the state, deserving punishment
Andrews/ a very high degree of negligence
Finlay- it was held he did not show such regard that it amounted to gross negligence
Edwards- As they had ignored obvious and serious danger, it amounted to gross negligence.
Risk of Death
D's conduct must involve a risk of death and not just a risk of injury (MIrsa & Srivistava)