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Andrews v DPP [1937]

Facts

  • Andrews carelessly overtook a car, killing a pedestrian

Issue

  • Was Andrews guilty of gross negligence manslaughter or unlawful act manslaughter, or neither?

Decision

  • Gross negligence manslaughter

Reasoning

  • Dangerous driving is not enough to constitute an unlawful act for the purposes of unlawful act manslaughter
  • Lord Atkin distinguished between ‘normal’ and ‘reckless’ negligence, the latter punishable as a crime
  • Andrews’ negligence went beyond dangerous, it was reckless, allowing conviction from gross negligence manslaughter
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