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In 2007, the creation of the Corporate Manslaughter and Corporate Homicide Act created the statutory offence of corporate manslaughter in the UK. This allows for an organisation to be charged with manslaughter. This act also brought about a new charge of gross negligence manslaughter, for cases of manslaughter charged against an individual.
In this blog, we explain gross negligence manslaughter and the circumstances that could potentially lead to a conviction. If you’re looking for a solicitor to assist you with your gross negligence case, just call us on 0203 007 5500, or submit a contact form.
What is gross negligence manslaughter?
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property or both. The offence of gross negligence manslaughter (GNM) is committed where a death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant – R v Adomako [1994] UKHL 6.
Most commonly, this offence occurs when a person in an official position commits an unlawful act that they should have known would result in the death of another. However, the crime is not dependant on this act being unlawful. In many cases, the defendant commits a lawful act in a way that renders their actions criminal.
Most common circumstances.
Some frequently encountered contexts for gross negligence manslaughter to occur are:
Death following medical treatment
Any healthcare professional, including but not limited to, doctors, nurses, and ambulance personnel can commit this offence. Some examples of medical negligence and how it can lead to serious harm or death are:
- Failure to identify a serious condition by a medical professional
- Mistakes during an operation that led to a patient’s condition worsening
- Insufficient supervision and care for a patient
- A patient didn’t receive essential medication
Deaths in the workplace
Anyone connected to a workplace can commit this offence. These workplaces can include offices, building sites, farms, and factories. In these cases, the victims are likely to be an employee, member of the public, contractor, or sub-contractor. Several examples of gross negligence manslaughter at work are:
- Poor safety measures which causes a fall from a work ladder
- An injury caused by operating dangerous machinery
- An injury involving a moving work vehicle
Death in custody
The police, prison staff, or healthcare professionals who are responsible for those in custody can commit this offence. Several examples of how the manslaughter of somebody within the custody of the police or prison services can occur are:
- Excessive force used when arresting an individual
- Medical negligence of an individual within a prison
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How does it differ from corporate manslaughter?
Gross negligence manslaughter differs from corporate manslaughter in that it relates directly to the individual at fault. Corporate manslaughter on the other hand focuses on the management of the company at fault, and the precautions set up to ensure that their business provides an adequate duty of care.
In the case of an accident on a building site, the defendant may try to prove that they did not receive adequate training from their superiors. This would place the blame on the company and would result in a corporate manslaughter charge.
Read our corporate manslaughter blog here to find out more.
How is it proven?
In order to prove that gross negligence has occurred in a manslaughter case, the courts use 4 standards:
Breach of duty
This determines whether the defendant had a duty of care towards the deceased. The court will compare the actions of the defendant in this situation to what a competent person would do in the same situation. This will determine whether a breach of duty of care has occurred leading to the death of the victim.
Causation
This relates to what caused the death, and whether the actions of the person accused led to the death. This factor is necessary for a gross negligence manslaughter case to be successful.
Grossness
In order for the nature of the defendant’s negligence to be gross, it has to go beyond normal negligence. The court will determine whether the case is sufficient to pass the evidential threshold for grossness.
An obvious risk to death
This dictates that, to the defendant, it should have been obvious that their actions could likely result in the death of somebody else. They do not have to know whose death their actions would result in, such as in the case of a construction accident.
If they are handling dangerous machinery, they should know that ignoring safety guidelines could cause serious injury or death.
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Notable case.
R v Adomako
In this case, the appellant was an anaesthetist, with a duty of care to a patient undergoing an eye operation. During the operation, an oxygen pipe disconnected with the anaesthetist failing to notice or respond to the obvious signs of disconnection. The patient subsequently died, and the defendant was given a conviction of gross negligence manslaughter.
This case and the unsuccessful appeal for innocence helped to define gross negligence manslaughter. The more rigorous standard of proving beyond reasonable doubt that the four standards have been met to convict a defendant, were also implemented as a result of this case.
Sentencing guidelines.
The guidelines for determining sentencing for a gross negligence manslaughter offence can vary depending on the seriousness of the offence.
To determine the seriousness of the offence the court uses 4 categories displaying varying levels of culpability.
A – Very high culpability | A combination of high culpability factors The extreme character of one or more high culpability factors |
B – High culpability | The offender continued the negligent conduct despite the obvious suffering caused to the deceased by the conduct Financial gain or cost avoidance motivated the negligent conduct The negligent conduct was in the context of other serious criminality |
C – Medium culpability | Factors are present in high and lower which balance out The offenders culpability falls between the factors as described in high and lower |
D – Lower culpability | The negligent conduct was a lapse in the offenders otherwise satisfactory standard of care The offender has a reduced responsibility due to mental disorder, learning disability, etc The offender was in a subordinate role |
Once the court has determined the offence category, they will refer to sentencing guidelines. The starting points and category ranges for each of these levels of culpability are listed below.
Culpability A | Culpability B | Culpability C | Culpability D | |
---|---|---|---|---|
Starting point | 12 years’ custody | 8 years’ custody | 4 years’ custody | 2 years’ custody |
Category range | 10 – 18 years’ custody | 6 – 12 years’ custody | 3 – 7 years’ custody | 1 – 4 years’ custody |
Aggravating and mitigating circumstances.
Below is a list of factors that may affect the sentencing of a gross negligence manslaughter case.
Aggravating Factors
- Previous convictions
- Offence committed whilst on bail
- Offence motivated by characteristics of the victim
- Others put at risk of harm
- Attempt to cover up/conceal evidence
- Ignored previous warnings
- Under influence of alcohol or drugs
- Involvement of others through coercion, intimidation or exploitation
Mitigating factors
- Remorse
- Attempts to assist victim
- Offender was subject to excessive stress or pressure
For reasons out of their control the offender lacked the necessary;
- Training
- Support
- Training
- Expertise
How can Britton and Time Solicitors help?
Gross negligence manslaughter is an incredibly complex area of law that will require an expert to handle correctly. It requires a level of scrutiny that is impossible to reach, unless you consult a professional.
Luckily, our legal team here at Britton and Time Solicitors have years of experience in dealing with such complex matters. For a potential case, our solicitors will assess your position and the strength of your claim.
If you think you have a gross negligence manslaughter case, get in touch today by calling 0203 007 5500 or emailing us directly at [email protected]
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