AG’s Reference (2 of 1999) [2000] Crim LR 475
Judgement for the case AG’s Reference (2 of 1999)
Table Of Contents
A train crashed and the operator was charged with 7 counts of manslaughter, though these were dropped and he was simply charged of breaching the Health and Safety at Work Act 1974.
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The questions referred were:
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Can someone be convicted of manslaughter via gross negligence where there is no evidence of a crminal state of mind?
The answer was “yes” as Adomako had shown, though state of mind was relevant to a jury when considering the “grossness” and “criminality” of the conduct.
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Can a non-human (i.e. corporate) be guilty of manslaughter by gross negligence in the absence of a guilty state of mind of the individual identified offender?
The answer was “no” and there were several precedents whereby the absence of a guilty individual had allowed the corporation to be acquitted. If such a change were to be enacted it would be for parliament to declare.
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