Criminal Negligence Flashcards
Define negligence from a legal perpsective
Negligence denotes a failure to behave in the manner expected of the reasonable person.
Is there any advertence or mental engagement required for negligence (a mens rea state)?
No. One could argue as to whether it is a state of mens rea at all.
What two types of offences is negligence primarily used to test culpability for?
Manslaughter and road traffic offences.
What is a type of statutory manslaughter? What is a type of common law manslaughter?
Statutory example: vehicular manslaughter
Common law example: gross neglience manslaughter
What is gross negligence manslaughter?
Gross negligence manslaughter occurs where an actor kills another by behaving in a manner which the reasonable person would regard as creating an unacceptably high risk of injury to others.
A manslaughter conviction can result if the grossly negligent conduct creates a high degree of risk of serious injury to others (People (DPP) v Dunleavy)
What is the difference between the UK definition of gross negligence manslaughter and the Irish definition of gross negligence manslaughter?
UK: “a serious risk of the death of another.”
Ireland: “a high degree of risk of serious injury to others”
What are two possible ways to reform gross negligence manslaughter?
-Place the existing offence on a statutory footing (this could result in changing maximum sentencing requirements)
- Introduce a subjective mens rea element
Taxi driver driving wrong way with lights off kills cyclist. Give KEY CASE SUMMARY.
People (AG) v Dunleavy [1948] - KEY CASE
Carnival ride that fell apart and killed person. CCA noted defendant did not need to know what was broken inside the ride, but was aware of the old/janky nature of the ride, and that critically he failed in his duty to his customer.
The People (DPP) v Cullagh
Case of grossly negligent anesthesiologist. Notable because it establishes the threshold for gross negligence manslaughter in the UK as “a serious risk of the death of another.”
R v Adomako
