Andrews v DPP [1937] AC 576 House of Lords

The appellant drove a van above the speed limit and overtook another car. As he did so he struck a pedestrian and killed him.

Held:

His conviction for manslaughter was upheld.

Lord Atkins on the degree of negligence required for gross negligence manslaughter:

"Simple lack of care such as will constitute civil liability is not enough: for purposes of the criminal law there are degrees of negligence: and a very high degree of negligence is required to be proved before the felony is established."

 

Back to lecture outline on gross negligence manslaughter