Gross negligent manslaughter
Gross neligent manslaughter
- Risk must be serious and obvious causing death
1 - Duty of care
- Common duty of care scenarios eg, parent to a child, doctor to patient, etc
R v Singh
- Defendant owed a duty of care to a tenant as a landlord. Died of carbon monoxide poisoning and was found guilty of GNM.
2 - Breach of duty
- Defendant fails to meet an applicable standard of care
Bylthe v Birmingham Waterworks
- What would a reasonable person with the same skills and competance have done?
3 - Serious and obvious risk of death
- Serious qualifies the nature of the risk of death as something much more than minimul or remote.
4 - Reasonably foreseeable at the time of the breach, that it gave rise to the serious and obvious risk of death
- Repeat of 3 but more concerned with the timing
5 - Causing the death
- Factual and legal causation + interviening acts.
R v Wacker (Truck case)
- Caused the death of immigrants in the back but didnt know there was no ventilation
- GNM
6 - Breach MUST be gross
- Negligence must be so bad it is gross
R v Misra & Srivastava
- Doctor performed surgey and didnt check
- Led to toxic shock syndrome causing death, GNM