Paper 1 - Criminal Law and Legal System (Gross NM)

What case gives the four elements of Gross Negligence Manslaughter?

• Adomako

• Church

• Bateman

• White

What is the maximum sentence for GNM?

• Mandatory life sentence

• Discretionary life sentence

• Six months and £5000 fine

• 5 Years imprisonment

Which of these is not an element of GNM?

• Duty of Care

• Breach of duty

• There must be positive MR of the offence

• The breach must cause the death

True or false: Rose (2017) established that an obvious risk is a present risk which is clear and unambiguous.

• True

• False

• It depends on the circumstances

What happened in the case of Adomako?

What case can we use to establish a public duty?

• Wacker (2003)

• Evans (2009)

• Dytham (1979)

• Gibbins and Proctor (1918)

Who makes the decision as to whether they think the breach of duty is gross?

• Prosecution

• Defendant

• Judge

• Jury

Which of these is an element of gross negligence manslaughter?

• Duty of care

• Breach of duty

• Breach must cause the death

• Breach must be 'gross'

What happened in the case of Misra and Srivastava?

Does D have to owe the victim a duty of care to be criminally liable?

• Yes

• No

• It depends on the circumstances