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Gross Negligence Manslaughter - Coggle Diagram
Gross Negligence Manslaughter
Define
When someone kills, without intent or committing an unlawful act, but where the negligence is so gross it is to be deemed criminally liable
Discretionary life sentence
Adamako
- set out the elements for GNM
1 - D owes a duty of care to the victim
Caparo v Dickman
- Tort case which set out the rules for duty of care as proximity, foreseeability and reasonableness as to impose duty
This test is not be used when the circumstances are so dangerous that D has a duty not to endanger life
R v Singh
- Landlord to tenant, assumed duty of care
R v Litchfield
- Captain to crew
R v Khan and Khan
- Drug dealers owed a duty of aftercare as they saw she was overdosing
R v Evans
- owed duty of care as they knew she was overdosing
Wacker
- D owes a duty of care to whom they are complicit in a crime with
2 - D breaches the duty of care causing risk of death
Objective test
Misra & Srivastava
- a risk of death is needed, not just harm
Unqualified person not to be judged on a lower standard than qualified person however if someone does have specific skills then that will be considered
3 - Which then Causes death
Factual and legal causation
4 - Mens rea - The defendants negligence was gross
Misra & Srivastava
- Defined it as reprehensible
Bateman
- Defined it as when the defendant shows disregard for the life and safety of others