R v Adomako [1995]

Facts

• The defendant, a doctor, failed to notice that a respiratory tube had become disconnected from the patient during an operation
• The disconnection would have been obvious, and the patient died from cardiac arrest

Issue

• Did this satisfy the requirements for an offence of gross negligence manslaughter?

Decision

• Yes

Reasoning

• Gross negligence manslaughter requires: a duty of care based on the tort of negligence; a breach which caused death and a breach which was serious enough to be a crime
• The doctor was under a duty to take reasonable care of the patient, which was clearly breached
• The jury is to decide whether the breach is serious enough, and so it was correct to uphold the conviction