AG’s Reference (2 of 1999) [2000] Crim LR 475

A train crashed and the operator was charged with 7 counts of manslaughter, though these were dropped and he was simply charged of breaching the Health and Safety at Work Act 1974.

The questions referred were:

1. Can someone be convicted of manslaughter via gross negligence where there is no evidence of a crminal state of mind?

   • The answer was “yes” as Adomako had shown, though state of mind was relevant to a jury when considering the “grossness” and “criminality” of the conduct.

2. Can a non-human (i.e. corporate) be guilty of manslaughter by gross negligence in the absence of a guilty state of mind of the individual identified offender?

   • The answer was “no” and there were several precedents whereby the absence of a guilty individual had allowed the corporation to be acquitted. If such a change were to be enacted it would be for parliament to declare.