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.
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.
Related cases on involuntary manslaughter
- DPP v Newbury and Jones [1977] AC 500
- R v Adomako [1995] 1 AC 171
- R v Bawa-Garba [2016] EWCA Crim 1841
- R v Cato [1976] 1 WLR 110
- R v Cotswold Geotechnical Holdings Ltd [2011] EWCA Crim 1337
- R v Dawson (1985) 81 Cr App R 150
- R v Goodfellow (1986) 83 Cr App R 23
- R v Kuddus [2019] EWCA Crim 837
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