A-Level - Unit Two: GMN and CM
Summary Notes
Gross Negligence Manslaughter Constructive Manslaughter
(Adomako 1994) (Khan and Khan)
Actus Reus of Murder- Actus Reus of Murder-
The unlawful killing of a reasonable person The unlawful killing of a reasonable person
in being under the Queen’s Peace (Re A) in being under the Queen’s peace (Re A)
Duty of Care- Unlawful Act not Omission (Non-fatal)-
Decided by the jury Must be an unlawful act-Lamb
Based on Caparo Principles Must be an act and not omission- Lowe
A risk of death- Singh Actus reus of non-fatal committed
Wide definition that can be any daily activity
that if done negligently can lead to death-
Misra
Breach of Duty- Act is Dangerous-
Decided by the jury Act must be dangerous- Church
Looks at whether the defendants behaviour Objective test looking at whether the
fell below the standard expected reasonable man would consider there to be
Requires a high degree of negligence, a a risk of physical harm.
simple lack of care is not enough- Andrews
v DPP
That Caused Death- That Caused Death-
Breach caused death of victim- Kite 1996 Unlawful act caused death of victim- Pagett
Factual- Pagett Factual- Pagett
Legal- Smith (de minimis principle) Legal- Smith (de minimis principle)
NIA- Roberts NIA- Roberts
Thin Skull Rule- Blaue Thin skull Rule- Blaue
Warrant a Criminal Conviction- Mens Rea of Non-Fatal-
Defendants actions must be bad enough to MR must match the non-fatal act-
warrant a criminal liability- AG Ref no2 of Goodfellows
1999
Outcome- Outcome-
Maximum of life imprisonment Maximum of life imprisonment
Summary Notes
Gross Negligence Manslaughter Constructive Manslaughter
(Adomako 1994) (Khan and Khan)
Actus Reus of Murder- Actus Reus of Murder-
The unlawful killing of a reasonable person The unlawful killing of a reasonable person
in being under the Queen’s Peace (Re A) in being under the Queen’s peace (Re A)
Duty of Care- Unlawful Act not Omission (Non-fatal)-
Decided by the jury Must be an unlawful act-Lamb
Based on Caparo Principles Must be an act and not omission- Lowe
A risk of death- Singh Actus reus of non-fatal committed
Wide definition that can be any daily activity
that if done negligently can lead to death-
Misra
Breach of Duty- Act is Dangerous-
Decided by the jury Act must be dangerous- Church
Looks at whether the defendants behaviour Objective test looking at whether the
fell below the standard expected reasonable man would consider there to be
Requires a high degree of negligence, a a risk of physical harm.
simple lack of care is not enough- Andrews
v DPP
That Caused Death- That Caused Death-
Breach caused death of victim- Kite 1996 Unlawful act caused death of victim- Pagett
Factual- Pagett Factual- Pagett
Legal- Smith (de minimis principle) Legal- Smith (de minimis principle)
NIA- Roberts NIA- Roberts
Thin Skull Rule- Blaue Thin skull Rule- Blaue
Warrant a Criminal Conviction- Mens Rea of Non-Fatal-
Defendants actions must be bad enough to MR must match the non-fatal act-
warrant a criminal liability- AG Ref no2 of Goodfellows
1999
Outcome- Outcome-
Maximum of life imprisonment Maximum of life imprisonment
