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Gross negligence is used as a standard for criminal law, for example, under manslaughter in English law. [4] Under common law, criminal negligence is defined as a gross deviation from a reasonable standard of care. This is a higher standard than ordinary negligence under tort law.
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. [1] The definition of manslaughter differs among legal jurisdictions.
On 26 January 1990 a jury convicted John Adomako of gross negligence manslaughter by a majority of 11 to 1. [9] [10] Mr Adomako appealed his conviction challenging the basis that a breach of duty should not have amounted to involuntary manslaughter, however, his conviction was upheld by the House of Lords. [11] [5]
Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner.
Involuntary manslaughter is defined as an unintentional killing that results from either recklessness or gross negligence. It does not require premeditation or intent.
Under English law, where a person owes a duty of care (either by statute or by the neighbour principle [8]) and is negligent to such a degree that consequently the law regards it as a crime [9] (namely the person has been grossly negligent) and that person causes the victim to die, they may be liable for gross negligence manslaughter. [10]
Constance Marten and Mark Gordon have been charged with gross negligence manslaughter after the remains of a baby were found in a wooded area.
On 4 November 2015, Bawa-Garba was found guilty of manslaughter by gross negligence in Nottingham Crown Court before a jury directed by Mr Justice Andrew Nicol after a 4-week trial. [14] She was found guilty by a majority verdict 10–2 after 25 hours of deliberation. She was represented by Zoe Johnson QC, with prosecution led by Andrew Johnson QC.