R v Bateman

Negligence must go beyond a mere matter of compensation and show such disregard for life and safety as to deserve punishment, for gross negligence manslaughter.

Citation
(1925) 19 Cr App R 8
Court
Court of Criminal Appeal
Year
1925
Subject
Criminal Law
Topic
Involuntary manslaughter

Facts

Dr Bateman, a doctor, attended a woman during a difficult childbirth. During the delivery, he caused her serious internal injuries, and he delayed sending her to hospital. She died. He was convicted of manslaughter on the basis of gross negligence.

Legal principle

The Court of Criminal Appeal quashed his conviction, because the evidence did not show negligence of the required degree. Lord Hewart CJ said that, to establish criminal liability, the negligence of the accused must go beyond a mere matter of compensation between subjects and show such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment. This test was approved by the House of Lords in R v Adomako.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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