5. gross negligence

Cards (7)

  • negligence isnt enough, it must be gross so the conduct is so bad that it amounts to a crime.
  • The test to see if the negligence is gross is objective. Would a reasonably prudent person in the defendant’s position have foreseen a serious and obvious risk of death?
  • The breach must be truly exceptionally bad and reprehensible.
  • In r v Adomako, Negligence was described as so gross that it justified a criminal conviction.
  • What is the significance of the case of r v sellu?
    It shows how the failure to act quickly enough was grossly negligent.
  • What case shows how the failure to act quickly enough was grossly negligent?
    v sellu
  • WHat are the facts of r v sellu?
    A consultant delayed surgery for a patient with a perforated bowel, who later died. The jury found the failure to act quickly enough was grossly negligent.