GNM AQA Updates

Question 1

What is the key case that updated the test for gross negligence manslaughter?

Answer 1

R v Broughton (2020)

This case clarified and restated the test originally set in Adomako.

Question 2

What is the updated test for gross negligence manslaughter as per R v Broughton?

Answer 2

A six-part test

The test now includes specific requirements that must be satisfied for a conviction.

Question 3

List the six parts of the test for establishing guilt for gross negligence manslaughter.

Answer 3

• The D must owe a duty of care to the V
• The D must breach that duty of care
• At the time of the breach, there must be a serious and obvious risk of death
• It must be reasonably foreseeable that the breach gives rise to a serious and obvious risk of death
• The breach must cause the death of the V
• The breach is so gross it is deemed criminal

These elements must all be satisfied for a guilty verdict.

Question 4

True or False: If one of the six elements of the GNM test fails, the defendant will be found guilty.

Answer 4

False

If any one of the six elements fails, the defendant will be found not guilty.

Question 5

In the context of gross negligence manslaughter, what must the prosecution prove regarding the breach of duty?

Answer 5

The breach of duty was a substantial cause of death

This is more than just a significant contribution or deprivation of a chance of survival.

Question 6

What should happen if there are uncertainties regarding causation in a GNM case?

Answer 6

It must go in the defendant’s favour

This principle ensures that the defendant is not unfairly convicted based on uncertain evidence.

Question 7

Fill in the blank: The D must breach that _______ of care.

Answer 7

[duty]

Establishing a duty of care is crucial in GNM cases.

Question 8

In the case of Broughton, what did Broughton do while Louella was in distress?

Answer 8

He filmed videos, including one of 50 minutes duration

This behavior raised questions about his duty of care.

Question 9

What was the outcome of the medical evidence regarding Xiao’s condition?

Answer 9

If diagnosed earlier, he could have survived

This highlights the importance of timely medical intervention.

Question 10

What must be shown for a breach to be considered grossly negligent?

Answer 10

It is deemed criminal

This is established through case law, such as Bateman.

Question 11

What scenario illustrates a serious and obvious risk of death due to negligence?

Answer 11

Alma forgetting Teddy’s severe nut allergy and making nut butter sandwiches

This case emphasizes the need for awareness of known risks.

Question 12

In the scenario involving Bembe, what was his negligence?

Answer 12

He forgot to carry out checks on a vulnerable prisoner for forty minutes

This lapse in duty led to tragic consequences.

Question 13

True or False: A serious and obvious risk of death must be established at the time of the breach.

Answer 13

True

This is a key requirement in the updated GNM test.

Question 14

What is the significance of the case Adomako in relation to GNM?

Answer 14

It originally set the test for establishing gross negligence manslaughter

Broughton has since updated this test.