820. Manslaughter.

Where an employee or member of the public is fatally injured the person or persons responsible may, if the accident occurred because of the grossly negligent way in which they carried out their health and safety responsibilities, be guilty of involuntary manslaughter1. The five elements it is necessary to prove in order for a person to be convicted of manslaughter by gross negligence have been identified as: (1) the defendant owed an existing duty of care to the victim; (2) the defendant negligently breached that duty of care; (3) it was reasonably foreseeable that the breach of the duty