@article{ref1,
title="Gross negligence manslaughter revisited: time for a change of direction?",
journal="Journal of criminal law",
year="2020",
author="Crosby, Cath",
volume="84",
number="3",
pages="228-245",
abstract="This article postulates that the House of Lords took a wrong turn in Adomako, missing the opportunity to revise the Caldwell/Lawrence guidance on recklessness, to produce a more appropriate determinant of criminal liability for inadvertent conduct causing death. It will be advocated that gross negligence manslaughter is replaced with reckless manslaughter utilising an objective capacity-based test. A proposal that encompasses both acts and omissions will be advanced which is theoretically underpinned by a hybrid theory of culpability. It will be contended that this hybrid theory best represents current approaches to criminally reckless conduct in practice and produces a morally apposite method of ascertaining criminal responsibility where the risk of death was not foreseen.<p /> <p>Language: en</p>",
language="en",
issn="0022-0183",
doi="10.1177/0022018320926468",
url="http://dx.doi.org/10.1177/0022018320926468"
}