Involuntary Manslaughter - Gross negligence Manslaughter

Involuntary Manslaughter - Gross negligence Manslaughter

1. Definition: The death is a result of a grossly negligent act or omission on the part of the defendant.

   • 4 Factors from the test of Adomako-this establishes duty
     • The existence of a duty of care to the deceased:
       • It needs foreseeability, proximity, fairness, justice and reasonableness (Donohue V Stevenson)
     • The duty can arise from a contract of employment (R V Pitwood)
     • The duty can exist if the deceased and the D were engaged in an unlawful activity together (R V Waker)
     • The risk must be serious and an obvious risk of death, not merely a serious injury (R V Mirsa)
   • This must be passed to form a breach
     • The objective part is would a reasonable person do the same if he was in D's position?
       • As it is objective, it doesn't matter if the D did not appreciate the risk.. (AG Ref No 2 of 1999)
     • The 4 factors from breach will apply
       • Size of risk (Bolton V Stone)
       • Appropriate precautions (Latimer V AEC)
       • Special characteristics (Paris V Stephny)
       • Public benefit (Day V High Performance Sport)
     • The breach must cause the death so normal causation applies.
       • Factual causation-tested for by the but for test (Pagette)
       • Legal causation-tested for by the operating and substantial test (Cato)
     • The breach must be gross
       • The jury will decide if the D has showed such a disregard for life of others

2. Summary

   • This is an indictable offence at tailed at the crown court. There is a minimum sentence of 5 years.