Gross Negligence Manslaughter: UK Cases and Examples

Open

Molls

01/04/2023

Law

Unlawful act manslaughter and Gross negligence manslaughter

Subjects

Law

Gross Negligence Manslaughter: UK Cases and Examples

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 manslaughter requires a duty of care, breach of that duty, causation of death, and the breach being considered "gross"
Unlawful act manslaughter involves an unlawful and dangerous act, causation of death, and the mens rea of the underlying unlawful act
Both types require proving causation of death, but differ in the nature of the defendant's actions and mental state
Key cases like R v Adomako and R v Church have shaped the legal principles for these offenses

01/04/2023

Grass negligance manslaughter
uniawful act manslaughter
/
Gross negligance manslaughter /
1) for gross negligance manslaughter to be establi

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.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

21 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.

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

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

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.

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

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.

We thought you’d never ask...

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?

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

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

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