Gross Negligence
Manslaughter
, Gross Negligence Manslaughter AO
• Intro
• The test is set in Adomako - it is committed where the D owes the V a duty of care but breaches
duty in a very negligent way, causing the death of the V.
• Actus Reus
• D owes the V a legal duty of care - Adomako the ordinary principles of duty of care apply here f
civil law (Wacker) (Harris and Harris)
• D breached his duty of care – through an act or an omission
• Breach of duty caused V’s death – factual and legal cause of death
• Mens Rea
• D’s breach was grossly negligent
• D’s behaviour must carry a risk of death – Bateman,
• Misra failure so ‘gross’ in eyes of jury that it should be classed as criminal
Manslaughter
, Gross Negligence Manslaughter AO
• Intro
• The test is set in Adomako - it is committed where the D owes the V a duty of care but breaches
duty in a very negligent way, causing the death of the V.
• Actus Reus
• D owes the V a legal duty of care - Adomako the ordinary principles of duty of care apply here f
civil law (Wacker) (Harris and Harris)
• D breached his duty of care – through an act or an omission
• Breach of duty caused V’s death – factual and legal cause of death
• Mens Rea
• D’s breach was grossly negligent
• D’s behaviour must carry a risk of death – Bateman,
• Misra failure so ‘gross’ in eyes of jury that it should be classed as criminal