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Demetra
02/12/2025
Law
Involuntary Manslaughter: Gross Negligence Manslaughter
693
•
2 Dec 2025
•
Understanding Involuntary Manslaughter: Insights on Gross Negligence
Demetra
@demetra_21
1 / 3
What is Gross Negligence Manslaughter?
Gross negligence manslaughter occurs when you owe someone a duty of care but breach that duty so badly it becomes criminal. The key thing to remember is that you don't need to intend harm - your negligent behaviour just has to be so serious that it causes death.
This can happen through either doing something (an act) or failing to do something (an omission). Neither has to be unlawful in itself - it's the level of negligence that makes it criminal.
The Adomako case (1994) set the framework we still use today. An anaesthetist failed to notice a disconnected oxygen tube during surgery, leading to the patient's death. This established four key elements that prosecutors must prove in every case.
Remember: You don't need to commit another crime to be guilty of gross negligence manslaughter - ordinary activities done with extreme carelessness can be enough.
Establishing a Duty of Care
Before anyone can be convicted, there must be a duty of care between the defendant and victim. This isn't always obvious, so courts look at specific circumstances to decide if such a duty exists.
Voluntary undertaking creates the strongest duty. In Stone and Dobinson (1977), a couple agreed to care for an elderly, bedridden relative but failed to feed her or get medical help when she became ill. By voluntarily taking on her care, they created a legal duty.
Professional relationships also create duties. The Singh (1999) case involved a landlord whose faulty gas fire killed a tenant - property managers owe safety duties to their tenants. Similarly, restaurant owners owe duties regarding food allergies, but only if they know about them (Kuddus vs Zaman cases).
Even creating dangerous situations can establish a duty. In Evans (2009), someone who supplied heroin had a duty to seek help when the user overdosed, because they'd created the dangerous situation in the first place.
Key Point: The law recognises that once you take on responsibility for someone's welfare - whether professionally or personally - you can't just walk away when things go wrong.
Proving Gross Negligence and Causation
The negligence must be so serious that it's criminal, not just careless. Juries use an objective test - would a reasonable person in the defendant's position have foreseen a serious risk of death?
Simple carelessness isn't enough (Andrews 1937). The behaviour must show a complete disregard for life and safety. In Misra and Srivastava (2005), doctors failed to treat an obvious infection in their patient - this level of professional failure crossed the line into criminal negligence.
However, the risk must be obvious and present, not something that might emerge later. Rose (2017) shows that hindsight doesn't count - the danger must have been clear at the time, not something requiring further investigation to discover.
The prosecution must also prove substantial causation - that the negligent breach significantly contributed to the death. Standard causation rules apply, including factual and legal causation plus any intervening acts.
Important: There's no mens rea requirement here - it doesn't matter what the defendant was thinking. The law judges by behaviour, not intentions, making this a particularly serious area of criminal law.
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This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
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In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
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very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
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I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
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THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
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This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
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Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
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Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
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Understanding Involuntary Manslaughter: Insights on Gross Negligence
Demetra
@demetra_21
Gross negligence manslaughter is one of the most serious criminal charges you can face without intending to kill someone. It happens when someone owes a duty of care to another person but fails so badly in that duty that someone... Show more
What is Gross Negligence Manslaughter?
Gross negligence manslaughter occurs when you owe someone a duty of care but breach that duty so badly it becomes criminal. The key thing to remember is that you don't need to intend harm - your negligent behaviour just has to be so serious that it causes death.
This can happen through either doing something (an act) or failing to do something (an omission). Neither has to be unlawful in itself - it's the level of negligence that makes it criminal.
The Adomako case (1994) set the framework we still use today. An anaesthetist failed to notice a disconnected oxygen tube during surgery, leading to the patient's death. This established four key elements that prosecutors must prove in every case.
Remember: You don't need to commit another crime to be guilty of gross negligence manslaughter - ordinary activities done with extreme carelessness can be enough.
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Establishing a Duty of Care
Before anyone can be convicted, there must be a duty of care between the defendant and victim. This isn't always obvious, so courts look at specific circumstances to decide if such a duty exists.
Voluntary undertaking creates the strongest duty. In Stone and Dobinson (1977), a couple agreed to care for an elderly, bedridden relative but failed to feed her or get medical help when she became ill. By voluntarily taking on her care, they created a legal duty.
Professional relationships also create duties. The Singh (1999) case involved a landlord whose faulty gas fire killed a tenant - property managers owe safety duties to their tenants. Similarly, restaurant owners owe duties regarding food allergies, but only if they know about them (Kuddus vs Zaman cases).
Even creating dangerous situations can establish a duty. In Evans (2009), someone who supplied heroin had a duty to seek help when the user overdosed, because they'd created the dangerous situation in the first place.
Key Point: The law recognises that once you take on responsibility for someone's welfare - whether professionally or personally - you can't just walk away when things go wrong.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Proving Gross Negligence and Causation
The negligence must be so serious that it's criminal, not just careless. Juries use an objective test - would a reasonable person in the defendant's position have foreseen a serious risk of death?
Simple carelessness isn't enough (Andrews 1937). The behaviour must show a complete disregard for life and safety. In Misra and Srivastava (2005), doctors failed to treat an obvious infection in their patient - this level of professional failure crossed the line into criminal negligence.
However, the risk must be obvious and present, not something that might emerge later. Rose (2017) shows that hindsight doesn't count - the danger must have been clear at the time, not something requiring further investigation to discover.
The prosecution must also prove substantial causation - that the negligent breach significantly contributed to the death. Standard causation rules apply, including factual and legal causation plus any intervening acts.
Important: There's no mens rea requirement here - it doesn't matter what the defendant was thinking. The law judges by behaviour, not intentions, making this a particularly serious area of criminal law.
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What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
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Most popular content: Tax Evasion
Most popular content in Law
Most popular content
English - inspector calls quotes and analysis
Quotes from every main character
English Literature10
Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user