TY  - JOUR
PY  - 2020//
TI  - Gross negligence manslaughter revisited: time for a change of direction?
JO  - Journal of criminal law
A1  - Crosby, Cath
SP  - 228
EP  - 245
VL  - 84
IS  - 3
N2  - 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>
LA  - en
SN  - 0022-0183
UR  - http://dx.doi.org/10.1177/0022018320926468
ID  - ref1
ER  -