Criminal negligence (England and Wales)
In the criminal law of England and Wales , criminal negligence is a possible subjective prerequisite for criminal liability ( mens rea ). Since English criminal law already offers recklessness , a very far-reaching institute, the scope of negligence is correspondingly marginal, originally limited to one offense, manslaughter by gross negligence (grossly negligent homicide). By statute law its scope has been expanded in recent times. The most important practical application is s. 3 Road Traffic Act 1988 : Accordingly, it is an offense on the road a motor vehicle "without due care and attention, or without reasonable consideration for other persons using the road or place" to drive. The yardstick here is the objective one of a sensible and prudent average person.
literature
- Volker Helmert: The definition of a criminal offense in Europe . Duncker & Humblot, Berlin 2011, B. The definition of criminal offenses in England, p. 106-108 .
Individual evidence
- ↑ Volker Helmert: The concept of criminal offenses in Europe . Duncker & Humblot, Berlin 2011, p. 106-108 .
