NEGLIGENCE

• Recklessness is about defendants who realise that they are exposing others to certain unjustified risks, whereas negligence is about not realising the risk, and this being unreasonable
• For gross negligence manslaughter:

  • all elements of negligence (duty, breach and damage) must be proved
  • the jury must find the conduct of the defendant was so bad as to amount to a criminal act or omission