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Kembaraxtra-Case Law-Andrew’s v DPP (1937) HL
Case Overview:
Case Overview:
- Facts: The defendant (D), while assisting a disabled vehicle for his employer, killed a pedestrian. This occurred when D attempted to overtake another car by driving on the wrong side of the road.
- Issue: Whether D's actions constituted manslaughter, and if so, whether it was manslaughter by unlawful act or by gross negligence.
- Held: The House of Lords found D guilty of manslaughter by gross negligence, not by an unlawful act.
- Distinction between Types of Manslaughter: The case clarifies the fundamental difference between manslaughter arising from:
- An unlawful act: Where the act itself is illegal (e.g., assault).
- A lawful act done with gross negligence: Where a legal activity is performed with an extreme level of carelessness.
- Gross Negligence Threshold: Lord Atkin emphasizes that a very high degree of negligence is required to establish manslaughter. Ordinary carelessness or lack of due care is insufficient. This aims to avoid automatically classifying every driving-related death as manslaughter.
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