Involuntary manslaughter: Gross negligence manslaughter

Involuntary manslaughter: Gross negligence manslaughter.

 Gross negligence manslaughter is unlawful killing without malice aforethought arising from a lawful act which the defendant performed so badly as to make it criminal.

R v Adomako states that there are four elements of this offence:

1. First of all, there must be a duty of care.  Lord Mackay referred in R v Adomako that "the ordinary principles of negligence will apply" and this is referring to the "Neighbour test" established in Donoghue v Stevenson.

A duty of care can arise from many different situations like omissions;

- R v Stone and Dobinson  held that there is duty of care if a person voluntarily assumed responsibility of another.

- R v Litchfield and R v Pitwood states the there is duty of care when a person has a contractual duty.  In R v Lichfield, it was held that it is up to the jury whether or not the negligence is gross negligence.

- R v Evans and R v Miller held that if the defendant created a dangerous situation which he/she knows is life threatening, he/she has a duty of care.

- R v Singh states that there is duty of care exist between landlords and tenants.

- R v Wacker held that there is a duty of care between people during an illegal act together as it was held that the defendant knew the safety of the illegal immigrants depended on his actions.

- R v Wilouhby held that the defendant owe a duty of care to the victim as they have an agreement to do an act, even if its an illegal one.

- R v Khan and Khan held that there is a duty of care that exist between drug dealers and there customers.

2. The second requirement is that there must be a breach of duty which caused death.

R v Stone and Dobinson, R v Pitwood, R v Miller, R v Hutton and R v Gibbons and Proctor  shows that the breach itself could be an act or omission.

3. The third requirement is that the breach of duty is serious enough to amount to gross negligence;

- R v Bateman define gross negligence as a action that is "so wrong in all circumstances" as to be deserving of criminal punishment. It must also go beyond civil liability and mere compensation and is left for the jury to decide;

- In R v Finlay, the jury decided that the defendant's conduct did not show such a disregard for life and safety as to amount to gross negligence and he was not guilty.

- In R v Edwards, the jury decided that the defendant had ignored an obvious and serious danger as he decided to take the risk and this amounted to gross negligence.


The last requirement is basically that there is a risk of death .

Negligence is gross when there is a risk of death and this could arise from;

R v Bateman -  There was a disregard for the life and safety of others.

R v Stone and Robinson - There was a risk to the health or welfare of the victim.

Both  interpretations have been approved in R v Adomako.

- R v Misra and R v Srivastava held that that the defendants behaviour must be grossly negligent and consequently criminal as to gross negligence.

- R v Winters held the defendant guilty as his actions shown a disregard for life and safety of others and amounted to gross negligence