Gross Negligence manslaughter

Question 1

Problems associated with civil law wording?

Answer 1

• The whole of GNM is based upon negligence which is a criminal offence.
• Criticised that it the wording needs to be changed in order to avoid mixing criminal and civil law.

Question 2

Problems with the test for gross?

Answer 2

• The test for what constitutes gross has been inconsistently developed. Although main definition was in the case of Bateman since then it has been applied different on a case to case basis.
• Stone and Dobinson said it was a disregard of danger to the health and welfare of a person.
• This shows the law is uncertain and parliamentary intervetntion is necessary.

Question 3

Law reform for GNM?

Answer 3

Law commission 1996 proposed killing by gross carelessness but in 2006 they suggested keeping the current law of gross negligence manslaughter.