Charles was playing with his friend David (both aged 15) - they came across Charles' dad's shotgun (it was a fully licensed and legally owned shotgun) and decided to play cops and robbers.  During one round Charles pointed the shotgun at David's face and pulled the trigger.  The shotgun discharged and killed David instantly.  Both children had never experienced a shotgun before and both were under the impression it was an antique and incapable of firing - they had both taken it in turns to "shoot" at each other - unfortunately on the final occasion it discharged.

 

The supervisor has concluded  two possible alternative charges:

1. Unlawful dangerous act manslaughter
2. Gross negligence manslaughter 

 

Problem Question - Gross Negligence Manslaughter

 

Linnie and Steve went to a music festival together, they were lovers, although had previously been through a period separation.  At the festival they both took drugs, MDMA (ecstasy), Ketamine, Diazapam and Cocaine.  Steve had purchased them earlier and gave some to Linnie.

They both decided to go to some woodland to get a real outdoor "transcendental" experience whilst taking the drugs.  The woodland was 30 meters away from the site.  Linnie asked Steve to film her whilst she was "tripping".  They both took the drugs.  Steve had, without letting Linne know, increased the dose of MDMA slightly, telling his friend Chris that he had "bumped it a little".

Steve filmed Linnie over a period of 7 hours where her condition deteriorated until she became agitated, irrational, aggressive and finally unresponsive.  She then began to self-harm, scratching her hands and face with brambles.  Her breathing then became erratic and her speech began to fail, by the end she was led down and unresponsive.

At this time Steve began to panic and rang Linnie's parents, who were 200 miles away.  They told Steve to take Linnie to the medical tent immediately, or to go himself and seek help. He also rang his friend Chris to get him to tell the medical tent what had happened.  Steve did not tell Chris his whereabouts although he did try to send a GPRS location from his phone, but the signal was too weak.

Over the next 4 hours Steve sat there and watched Linnie deteriorate whilst filming it on his phone. At 11 pm Steve again tried to contact Chris but by this time Liine had reached the point at which she was beyond saving.  Steve continued to film Linnie die, and at midnight security had finally tracked them down but it was too late, Linnie had died.

A senior partner at the firm wants to see an advice memo on Steve's liability for the death of Linnie. However it has been stated that there is no Murder. 

Advise on :

1. Whether Steve is liable for the unlawful dangerous manslaughter of Linnie 
2. Whether Steve is liable for the gross negligence manslaughter of Linnie