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Manslaughter by gross negligence

Posted on:1/3/2006
Under English law, where a person causes death through extreme carelessness or incompetence, gross negligence is required.


While the specifics of negligence may vary from one jurisdiction to another, it is generally defined as failure to exercise a reasonable level of precaution given the circumstances and so may include both acts and omissions. The defendants in such cases are often people carrying out jobs that require special skills or care, such as doctors, police or prison officers, or electricians, who fail to meet the standard which could be expected from them and cause death. In R v Bateman (1925) 19 Cr App.R. 8 the Court of Criminal Appeal held that gross negligence manslaughter involved the following elements:
  1. the defendant owed a duty to the deceased to take care;
  2. the defendant breached this duty;
  3. the breach caused the death of the deceased; and
  4. the defendant's negligence was gross, that is, it showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment.

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