Corporate Manslaughter and Gross negligence manslaughter

[Ader1]

I am slightly confused with the difference between these two. I understand Corporate Manslaughter required that there's a kind of management decisions leading to a defective safety management systems for a conviction. But isn't that the case also for the charge of Gross Negligence Manslaughter?

[Ader1]

Am I right in saying that if there's a case for Corporate Manslaughter, then there must also be a case of Gross Negligence Manslaughter?

[Waterbaby]

Bump

WB

[andybz]

Corporate manslaughter results in sanctions against an organisation. Gross negligence manslaughter results in sanctions against a person.

Google "Corporate manslaughter Vs Gross negligence manslaughter" for more details.

[bernicarey]

Am I right in saying that if there's a case for Corporate Manslaughter, then there must also be a case of Gross Negligence Manslaughter?

Not really....
Corporate manslaughter and gross negligence manslaughter are essentially the same thing, insofar as they are both dealing with fatalities.

But there is a big difference.
The offence of gross negligence manslaughter is committed where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant.
Gross negligence manslaughter is a common law offence.

A case law example would be R v Adomako [1994] . The appellant was an anaesthetist in charge of a patient during an eye operation. During the operation an oxygen pipe became disconnected and the patient died. The appellant failed to notice or respond to obvious signs of disconnection.

Corporate Manslaughter is a Statutory offence, brought in to ensure that there were “effective laws in place to prosecute organisations where they have paid scant regard to the proper management of health and safety with fatal results” .
So it is not an individual's negligence that has lead to the fatality, rather it is a systemic failure of the organisation. The offence applies only to certain organisations, as defined by the Corporate Manslaughter and Corporate Homicide Act 2007. They include private bodies such as limited companies and partnerships. Individuals cannot be prosecuted for the offence, whether as an accessory or otherwise.

The evidence may indicate that the offence was due to the gross failings of identifiable directors or managers. In such a case it may be more appropriate to charge the responsible individual(s) with gross negligence manslaughter rather than the corporate offence.
In brief, the CM charges are reserved for when the overall organisation is run in such a way that they are a disaster waiting to happen, but the finger cannot be pointed clearly to one (or more) individual(s).

If you want to understand it in more detail, take a look at the CPS website www.cps.gov.uk and search the two terms.

[Ader1]

Thank you bernicarey. That was helpful.