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Old 2nd Mar 2019, 11:49
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runway30
 
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A definition of gross negligence manslaughter

The test to be applied to determine whether a person has committed gross negligence manslaughter was articulated by Lord Woolf LCJ in R v Adomako [1994] UKHL 6, who set out the five elements required:
  1. a duty of care owed by the defendant to the victim
  2. a breach of that duty
  3. a risk that the defendant’s conduct could cause death
  4. evidence that the breach of duty caused the victim’s death
  5. the defendant’s conduct fell so far below the standards of a reasonable person in that situation that they should be labelled grossly negligent and deserving of criminal punishment.
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