Fatal Offences – Involuntary manslaughter
Gross negligence manslaughter
Coroners and Justice Act 2009
Gross negligence manslaughter is when the defendant owes a duty of care but breaches the
duty in a negligent way so it causes the death of the victim. There is not strict actus reus or
mens rea but the rules are set out in the case of Adomako.
Adomako, for liability for gross negligence manslaughter the defendant must have:
A duty of care1
That has been breached2
That causes death3
And is considered gross4
1 Duty of Care
Defined Donoghue v Stevenson’s neighbour test which states ‘the defendant must take
reasonable care to avoid acts or omissions which he can reasonably foresee are likely to
injure his neighbour’
When D has a duty to act but fails in that duty then D owes a duty of care for example:
Failing to perform a contractual duty that results in death (Pitwood)
Creating a dangerous situation that results in death (Miller)
Failing to perform an official duty that results in death (Dytham)
Failing to fulfil a duty through a relationship (Gibbins and Proctor – loco parentis fails
to adequately care and starved daughter to death)
Failing to fulfil a voluntary duty (Stone and Dobinson – whilst staying with her
brother and his mistress her health deteriorated and she died)
GNM is based on civil principles but is a criminal offence. You can commit a criminal
offence and still owe a duty of care (Wacker transporting illegal immigrants that died from
suffocation). Ex Turpi Causa does not operate in criminal law.
2 Breach of Duty
Breach of duty occurs when D has fallen below the standard of care expected of a reasonable
person in the same or similar circumstances (Adamako – oxygen pipe became disconnected
causing the patient to die the anaesthetist did not make note of this)
The normal rules of factual and legal causation apply
3|4 Gross negligence and the risk of death
When the breach of duty that causes death is so serious, it becomes gross and a criminal
offence. Essential that there is a risk of death from D’s acts or omissions.
Gross defined as:
Going beyond a matter of compensation and showing disregard for the life and safety
of others as to amount to a crime (Bateman)
Conduct so bad in all circumstances as to a criminal act or omission (Adamako)
Gross negligence manslaughter
Coroners and Justice Act 2009
Gross negligence manslaughter is when the defendant owes a duty of care but breaches the
duty in a negligent way so it causes the death of the victim. There is not strict actus reus or
mens rea but the rules are set out in the case of Adomako.
Adomako, for liability for gross negligence manslaughter the defendant must have:
A duty of care1
That has been breached2
That causes death3
And is considered gross4
1 Duty of Care
Defined Donoghue v Stevenson’s neighbour test which states ‘the defendant must take
reasonable care to avoid acts or omissions which he can reasonably foresee are likely to
injure his neighbour’
When D has a duty to act but fails in that duty then D owes a duty of care for example:
Failing to perform a contractual duty that results in death (Pitwood)
Creating a dangerous situation that results in death (Miller)
Failing to perform an official duty that results in death (Dytham)
Failing to fulfil a duty through a relationship (Gibbins and Proctor – loco parentis fails
to adequately care and starved daughter to death)
Failing to fulfil a voluntary duty (Stone and Dobinson – whilst staying with her
brother and his mistress her health deteriorated and she died)
GNM is based on civil principles but is a criminal offence. You can commit a criminal
offence and still owe a duty of care (Wacker transporting illegal immigrants that died from
suffocation). Ex Turpi Causa does not operate in criminal law.
2 Breach of Duty
Breach of duty occurs when D has fallen below the standard of care expected of a reasonable
person in the same or similar circumstances (Adamako – oxygen pipe became disconnected
causing the patient to die the anaesthetist did not make note of this)
The normal rules of factual and legal causation apply
3|4 Gross negligence and the risk of death
When the breach of duty that causes death is so serious, it becomes gross and a criminal
offence. Essential that there is a risk of death from D’s acts or omissions.
Gross defined as:
Going beyond a matter of compensation and showing disregard for the life and safety
of others as to amount to a crime (Bateman)
Conduct so bad in all circumstances as to a criminal act or omission (Adamako)
