Cards (5)

  • element 5 = it must be proved that the negligence was gross
  • gross negligence is a much higher standard than civil negligence
  • andrews
    • a lack of care which would constitute civil liability is not enough
  • bateman
    • gross negligence is ‘such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving of punishment’
  • adamako
    • ‘whether… the conduct of the defendant was so bad in all the circumstances as to amount… to a criminal act or omission’