Gross Negligence Manslaughter

This assignment will evaluate murder, Homicide and will focus specifically on gross negligence manslaughter and diminished responsibility. It will explain the key rules and cases that are relevant to this aspect of criminal law. It will explain some of the rules using relevant statutes and/or case law and will show how the courts apply the rules of an area of criminal law in order to find a defendant guilty of an offence. This will be followed by an analysis of a relevant case and the law and statutes that are applicable. This leads the assignment towards a description of defences a defendant could use when accused of a gross negligence manslaughter. The final part of the assignment will be orientated towards changes made in the law over

If the defendant did not take matters in to their own hands the outcome could have been different.

(E-lawresources.co.uk )

Another example of gross negligence manslaughter and breach of duty of care is the R v Adomako trial (1995)

In this case the defendant was an anaesthetist in charge of a patient during an operation on the patient’s eye. Through the course of the operation the patient’s oxygen supply pipe became visibly disconnected and the patient subsequently died. The defendant failed to notice that the oxygen tube had become disconnected and did not respond to the patient’s distress.

The defendant was charged on breach of care and gross misconduct resulting in gross negligence manslaughter due to not acting appropriately in the situation or calling for additional help and support.

(E-lawresources.co.uk )

In both of these examples the defendants have breached a duty of care to their victims and it has resolved in death, with the Adamako case there where specific circumstances in

This leniency is in favour defendants who have helped people with assisted suicide or euthanasia and it is at the courts mercy the outcome for their actions.

( Mason, J., Laurie, G. )

Another key strength is that with updating in terminology in the Coroners and Justice Act 2009 it states there must be a long term disorder and this has to be documented so this eliminates intoxication as a defence without their being medical history of problematic episodes.

The disadvantages of allowing diminished responsibility as a defence used to reduce a murder charge is that courts regularly take this defence and are willing to do so in select circumstances. This is based on the evidence provided to the court, however this leaves the burden of proof with the defendant and depending on the circumstances surrounding the act of homicide could significantly impact if the defendant is charged with murder or manslaughter. A further weakness with this part of law is that mentally abnormal is required part of the defence when the defendant has been in abusive relationship, this redirects action based on the state of mind of the defendant not the abuse that could have caused the