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Submitted By FahimaAkhtar
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Involuntary Manslaughter
Gross Negligence
Involuntary Manslaughter is essentially killing with criminal negligence or killing with reckless disregard.
Unlike murder the defendant will have NO intention to cause GBH or murder! The maximum sentence is life but is discretionary.
The judge will sentence according to the seriousness of the offence: * Gross negligence manslaughter * Unlawful act manslaughter
Gross Negligence Manslaughter
This is when a person dies as a result of the negligence of another and the degree of negligence by the defendant is sufficiently so serious as to make him criminally liable.
The case of Bateman states gross negligence was the basis of the offence:
“does the conduct of the accused show such disregard for the life and safety of others as to amount to a crime?”
Modern case of Gross negligence

Adomako: Defendant was the anaesthetist during an eye operation on a patient. In the course of the operation the tube from the ventilator supplying oxygen to the patient became disconnected, the defendant failed to notice it for 6 minutes. The patient suffered a cardiac arrest, from which he died. The defendant was guilty of manslaughter. Duty of Care Lord Mackay said in Adomako that the normal principles of negligence (Donohue V Stevenson) in civil law should apply when finding a duty and breach. It can be an act or omission, however has to be shown that defendant did do something negligent. Duties apply: * Contractual Duty: Pitwood * Special relationship: Stone V Dobinson * Parental: Gibbins V Proctor * Dangerous situation: Miller Litchfied: The defendant sailed knowing that engine failure was likely, as the fuel was contaminated. The crew members died when the boat was driven onto rocks. It was held that the owner and master of a sailing owed a duty to the crew. Wacker: Defendant

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