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La 104 - Gross Negligence and Reckless Manslaughter Notes
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Gross negligence and reckless manslaughterGross negligence manslaughter
Adomako (1994)
o 1 ‘whether or not the defendant has been in breach of
a duty of care towards the victim’ – duty of care and its
breach
o 2 ‘whether that breach of duty caused the death of the
victim’
o 3 ‘whether that breach of duty should be characterized
as gross negligence and therefore a crime’ – negligence
as mens rea and as standard of culpability
5 elements
A duty of care
Breach of the duty of care
Causation
A mens rea element: negligence as reasonable foresight
Standard of fault: negligence as gross
Duty of care
Adomako (1994): ‘ordinary principles of negligence apply – so
related to the civil law of torts
Examples: duty of care in doctor/ patient relationship
Wacker (2002) – people smuggling operation, number of people died
in lorry – duty of care in illegal enterprise contra tort law – public
policy ground
Evans (2009) – d supplied illegal drugs to half-sister V who died –
voluntary agency breaks causal chain
Miller (1983) – duty to avert danger from one’s own dangerous acts
gives rise to omissions liability
GNM? Held that an omission to act involved a duty to act which
could be the basis for a duty of care
Omission’s liability where D undertakes a duty of assistance by
their words or acts – Stone and Doblinson (1977) – duty of care
stems from her undertaking the duty to help V once she realizes he
is unwell and not following it through
Problems: liability is then a matter of a failure to care and delinked
from drug supply. Evan’s mother could also be liable
The problem of drug supply and subsequent death – fitting the
culpability to the law of manslaughter, where it doesn’t quite fit
Breach of duty of care
Did D’s conduct fall below how the reasonable person would
have acted? If it did, D breached her duty of care
How would a reasonable person have acted in the situation?
Causation must be proved
This is in line with standard requirements:
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