GNM evaluation


	GNM evaluation
	Advantages Encourages higher standard of care eg doctors	Disadvantages Circular test as jury has to decide if conduct was criminal unlikely to find public services liable which can be seen as unfair Jury decides the law and may be confused or not understand jury makes decisions so there is no precedent and the decisions in similar situations may be different- inconsistencies R v Adamako said negligence principles applied for duty of care civil and criminal law are very different and have developed differently so there should be different tests unclear if it was risk of death or serious injury- Misra said it was consideration of death
	Evaluation -LC proposed reckless killing and killing by gross carelessness- in 2006 they suggested there should be GNM where there must be a risk of death

Circular test as jury has to decide if conduct was criminal
unlikely to find public services liable which can be seen as unfair
Jury decides the law and may be confused or not understand
jury makes decisions so there is no precedent and the decisions in similar situations may be different- inconsistencies
R v Adamako said negligence principles applied for duty of care
civil and criminal law are very different and have developed differently so there should be different tests
unclear if it was risk of death or serious injury- Misra said it was consideration of death

-LC proposed reckless killing and killing by gross carelessness- in 2006 they suggested there should be GNM where there must be a risk of death

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