| 释义 |
gross negligence
A high degree of negligence, manifested in behaviour substantially worse than that to be expected of the average reasonable man. The distinction between negligence and gross negligence can be important in criminal law, notably in cases of gross negligence manslaughter. Here, in the words of Lord Hewart CJ in R v Bateman (1925) 19 Cr App R8, “in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment.” Bateman was a doctor who negligently supervised the labour of a woman giving birth with the result that she died. A defendant may therefore be guilty of manslaughter by gross negligence if: (1) the defendant owed the victim a duty of care; (2) the defendant breached that duty; (3) the breach of duty caused the death of the victim; and (4) the jury decides that the breach is serious enough to be characterized as gross negligence and thus a crime (R v Adomako [1995] 1 AC 171 (HL)). |