Gross Negligence Manslaughter: UK Cases and Examples

Molls

01/04/2023

Law

Unlawful act manslaughter and Gross negligence manslaughter

Subjects

Law

279

•

1 Apr 2023

•

2 pages

Gross Negligence Manslaughter: UK Cases and Examples

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Molls

@moll46

Gross negligence manslaughter and unlawful act manslaughter are two critical... Show more

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Unlawful Act Manslaughter

Unlawful act manslaughter is another form of manslaughter that occurs when a person commits an unlawful and dangerous act that unintentionally results in someone's death. This page outlines the four key elements required to establish unlawful act manslaughter requirements.

Unlawful Act: The defendant must have committed an unlawful act.
- Examples include assault, battery, speeding, or robbery
- The act must be a criminal offense, not a civil wrong (R v Franklin)
- It must be an act, not an omission (R v Lowe)
- The act does not need to be aimed at the intended victim (R v Mitchell)
- The act can be aimed at property (R v Goodfellow)
Dangerous Act: The unlawful act must be considered dangerous.
- This is determined by an objective test (R v Church)
- A sober and reasonable person would recognize that some harm could result from the act
Causation of Death: The unlawful act must cause death.
- Factual causation: "But for" test (R v White)
- Legal causation: Significant contribution (R v Kimsey)
- Potential breaks in the chain of causation (R v Jordan / R v Kennedy)
Mens Rea: The mental element of the unlawful act must be established.
- The defendant only needs the mens rea (mental state) for the unlawful act they committed, not for causing death
- Example: R v Newbury and Jones (criminal damage)

Definition: Mens Rea - The mental element or state of mind required for a criminal offense.

Example: In R v Newbury and Jones, the defendants were convicted of manslaughter after throwing a paving stone off a bridge onto a train, killing the driver. They had the mens rea for criminal damage, which was sufficient for unlawful act manslaughter.

Highlight: Unlike gross negligence manslaughter, unlawful act manslaughter does not require a duty of care breach manslaughter. Instead, it focuses on the dangerous and unlawful nature of the act itself.

Gross Negligence Manslaughter

Gross negligence manslaughter is a serious criminal offense that occurs when a person's extreme carelessness results in someone's death. This page outlines the four key elements required to establish gross negligence manslaughter legal cases.

Duty of Care: The defendant must have owed the victim a duty of care. This relationship can exist in various contexts:
- Doctor and patient (R v Adomako)
- Landlord and tenant (R v Singh)
- Employer and employee (R v Dean)
Breach of Duty: The defendant must have breached the duty of care through either an act or omission.
- Act: A conscious exercise of will
- Omission: Failing to act when owing a duty of care (as in R v Adomako)
Causation of Death: The breach must have caused the victim's death.
- The risk of death must be reasonably foreseeable (R v Rose)
- Factual causation: "But for" test (R v White)
- Legal causation: Significant contribution (R v Kimsey)
Gross Breach: The breach must be considered "gross" - so bad that it is deemed criminal (R v Bateman)

Highlight: It's important to note that if two people are working together criminally, the law does not recognize gross negligence manslaughter in such cases.

Vocabulary: Gross negligence - Extreme carelessness or recklessness that shows a disregard for the safety or lives of others.

Example: In R v Adomako, an anesthetist was convicted of gross negligence manslaughter after failing to notice that a tube had become disconnected from a patient's ventilator, resulting in the patient's death.

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Subjects

Law

•

279

•

1 Apr 2023

•

2 pages

Gross Negligence Manslaughter: UK Cases and Examples

Molls

@moll46

Gross negligence manslaughter and unlawful act manslaughter are two critical legal concepts in criminal law. These types of manslaughter involve different elements and requirements for prosecution.

Gross negligence manslaughterrequires a duty of care, breach of that duty, causation of... Show more

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Unlawful Act Manslaughter

Unlawful Act: The defendant must have committed an unlawful act.
- Examples include assault, battery, speeding, or robbery
- The act must be a criminal offense, not a civil wrong (R v Franklin)
- It must be an act, not an omission (R v Lowe)
- The act does not need to be aimed at the intended victim (R v Mitchell)
- The act can be aimed at property (R v Goodfellow)
Dangerous Act: The unlawful act must be considered dangerous.
- This is determined by an objective test (R v Church)
- A sober and reasonable person would recognize that some harm could result from the act
Causation of Death: The unlawful act must cause death.
- Factual causation: "But for" test (R v White)
- Legal causation: Significant contribution (R v Kimsey)
- Potential breaks in the chain of causation (R v Jordan / R v Kennedy)
Mens Rea: The mental element of the unlawful act must be established.
- The defendant only needs the mens rea (mental state) for the unlawful act they committed, not for causing death
- Example: R v Newbury and Jones (criminal damage)

Definition: Mens Rea - The mental element or state of mind required for a criminal offense.

Example: In R v Newbury and Jones, the defendants were convicted of manslaughter after throwing a paving stone off a bridge onto a train, killing the driver. They had the mens rea for criminal damage, which was sufficient for unlawful act manslaughter.

Highlight: Unlike gross negligence manslaughter, unlawful act manslaughter does not require a duty of care breach manslaughter. Instead, it focuses on the dangerous and unlawful nature of the act itself.

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Improve your grades

Join milions of students

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Gross Negligence Manslaughter

Duty of Care: The defendant must have owed the victim a duty of care. This relationship can exist in various contexts:
- Doctor and patient (R v Adomako)
- Landlord and tenant (R v Singh)
- Employer and employee (R v Dean)
Breach of Duty: The defendant must have breached the duty of care through either an act or omission.
- Act: A conscious exercise of will
- Omission: Failing to act when owing a duty of care (as in R v Adomako)
Causation of Death: The breach must have caused the victim's death.
- The risk of death must be reasonably foreseeable (R v Rose)
- Factual causation: "But for" test (R v White)
- Legal causation: Significant contribution (R v Kimsey)
Gross Breach: The breach must be considered "gross" - so bad that it is deemed criminal (R v Bateman)

Highlight: It's important to note that if two people are working together criminally, the law does not recognize gross negligence manslaughter in such cases.

Vocabulary: Gross negligence - Extreme carelessness or recklessness that shows a disregard for the safety or lives of others.

Example: In R v Adomako, an anesthetist was convicted of gross negligence manslaughter after failing to notice that a tube had become disconnected from a patient's ventilator, resulting in the patient's death.

We thought you’d never ask...

What is the Knowunity AI companion?

Where can I download the Knowunity app?

You can download the app from Google Play Store and Apple App Store.

Is Knowunity really free of charge?

That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.

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

Stefan S

iOS user

Samantha Klich

Android user

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Basil

Android user

David K

iOS user

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

Rohan U

Android user

Xander S

iOS user

Elisha

iOS user

Paul T

iOS user

Stefan S

iOS user

Samantha Klich

Android user

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Basil

Android user

David K

iOS user

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

Rohan U

Android user

Xander S

iOS user

Elisha

iOS user

Paul T

iOS user