Gross Negligence Manslaughter Solicitors
If you or your business are facing a charge of gross negligence manslaughter you need specialist Criminal Law Solicitors on your side to guide you through the investigation process and provide expert representation.
Free Initial Telephone Discussion
For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com. You can also complete our online enquiry form https://www.ikandp.co.uk/about-us.
We are available 24 hours a day, 365 days a year. This includes weekends and bank holidays. We can help clients based anywhere in England or Wales.
If you require urgent assistance, please contact us on our emergency number on 07738 802993.
What is gross negligence manslaughter?
Gross negligence manslaughter is defined as the death of a person which has resulted from a grossly negligent act or omission. This can include acts or omissions by medical professionals or employers.
There are five elements that need to be established for gross negligence manslaughter:
-
The deceased was owed a duty of care by you
-
You breached that duty of care
-
The breach contributed significantly to the death
-
There was an obvious risk of death
-
The breach was so serious that it amounts to the criminal offence of gross negligence
Duty of care in gross negligence manslaughter
The 1932 case of Donoghue v Stevenson established the “neighbour principle” to help resolve whether a duty of care is owed by a Defendant facing a charge of gross negligence manslaughter. Sometimes it is obvious that there is a duty of care, such as the case of a parent but in other cases a Criminal Law Solicitor may be able to successfully argue there was no duty of care owed.
Breach of duty in gross negligence manslaughter
A breach of duty of care arises if an individual who owes a duty of care fails to act as a reasonable person would do in their position. This test is an objective one meaning a Defendant is compared against the “ordinary person”. The question to be asked and answered is “what would the ordinary person have done in the same situation?”
Grossness of the breach of duty in gross negligence manslaughter
Ultimately, it is up to a jury to decide whether the conduct of a Defendant fell beneath that of an “ordinary person” in all the circumstances so as to amount to a criminal act or omission of gross negligence manslaughter. This means that a Defendant is judged on their degree of carelessness or recklessness that led to the death.
Causation in gross negligence manslaughter proceedings
In criminal law, to show causation in gross negligence manslaughter the breach of duty must have caused the death.
The trial process of assessing breach of duty and causation can be very complex, and the consequences of conviction inevitably serious. That’s why it is important that you seek specialist legal advice as soon as possible.
How can our Gross Negligence Manslaughter Solicitors help?
Our Criminal Law Solicitors are highly experienced in defending against criminal charges of gross negligence manslaughter.
Call us for help with:
-
The receipt of enforcement notices
-
Interviews under caution
-
Court proceedings
How do I pay for my legal fees?
Please contact us to discuss your circumstances and possible funding options. If you do not have the finances to pay for legal advice, you may be eligible for Legal Aid funding.
How to get in contact
Contact us now on 020 7404 3004. Our specialist criminal defence solicitors can offer you a free initial consultation. Alternatively, email us at info@ikpsolicitors.com or complete our free online enquiry form at https://www.ikandp.co.uk/contact-us.
We are available 24 hours a day, 365 days a year.
We will swiftly respond to any query within 24 hours.
We can assist wherever you are based and have offices in central London.
We are also able to assist with police interviews at the police station. If you require urgent assistance, please contact us on our emergency number 07738 802993.
If you contact us on behalf of someone who is already in prison, please simply provide the name of the person, the prison number and any available detail. We will organise a legal visit with that person, whether face to face or by Video link.