Crime XXXXXXX- Gross Negligence Manslaughter II
The
subjective recklessness test was later overshadowed by the test in R v Lawrence
(1981). In R v Lawrence (1981) the accused was riding his motorbike and while
doing so he ran into a pedestrian who was subsequently killed as a result of
the accident that followed and the accused was charged.
The
court held that in order for the rider or the driver to be guilty of
manslaughter the following criteria or requirements must be satisfied: -
1)
The accused was riding or driving in a manner that created an obvious and
serious risk to other road users and property.
2)
The rider or the driver by riding or driving in the manner he or she did, did
not give thought to the risk or having given it some thought dismissed it.
The
test in Lawrence is used to establish reckless manslaughter and it has an
objective element in it for example when deciding 1) that the accused was
riding or driving in a manner that created an obvious and serious risk to other
road users, the benchmark that is to be used to determine whether there was an
obvious and serious risk to other road users is that of the reasonable man as
opposed to the second limb of the Cunningham test which says that the defendant
can be convicted if he or she was reckless as to whether such risk should occur
or not and it does imply that the defendant can be convicted if he really
didn’t give the matter that much thought and death results.
Gross
negligence is a step above carelessness and a step above recklessness and hence
the defendant’s actions can be described as being grossly negligent.
There
isn’t a stark or striking difference between reckless manslaughter or gross
negligence manslaughter and a lot depends on the facts of each case.
Copyright
© 2019 by Dyarne Ward
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