2. Murder and Manslaughter Offences - Gross Negligence Flashcards
Outline S150A(1)
150A Standard of care applicable to persons under legal duties or performing
unlawful acts
(1) This section applies in respect of—
(a) the legal duties specified in any of sections 151, 152, 153, 155, 156, and 157; and
(b) an unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.
Outline S150A(2)
(2) For the purposes of this Part, a person is criminally responsible for omitting to
discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that
legal duty applies or who performs that unlawful act.
Outline the major departure test?
The ‘major departure’ test in s 150A(2) requires a high degree of negligence, corresponding to the common law standard of gross negligence, if a person is to be criminally responsible under s 160(2)(b) for manslaughter by negligent omission to perform or observe any of the legal duties specified in s150A(1)(a) or under s 160(2)(a) for manslaughter by an unlawful act requiring proof of negligence or imposing strict or absolute liability.
In relation to negligence, outline the objective test?
The test of gross negligence is objective and that the defendant’s state of mind is not a prerequisite to conviction for manslaughter by gross
negligence. All the circumstances of the case must be considered and a defendant’s state of mind may be relevant to whether there was gross negligence. This may be more readily found if, for example, the defendant knowingly ran a risk or was indifferent to an obvious risk of death.
What is the punishment of manslaughter?
177 Punishment of manslaughter
(1) Every one who commits manslaughter is liable to imprisonment for life.
