Dangerousness meaning

Duty of care Section 41 of the Highways Act 1980 (HiA 1980) sets out the duty owed to users of the highway: the highway authority is obliged to maintain the highway. For practitioners, the key enquiry is whether a particular defect amounted to a danger to a pedestrian or any other road user likely to traverse that part. In Rider v Rider, the obligation was characterised as a duty to put and keep the highway in a state that does not subject those using it in the ordinary, expected manner to danger. The measure of dangerousness is objective, rather than a matter of personal view. Accordingly, as Steyn LJ explained in Mills v Barnsley Metropolitan Borough Council, the claimant’s burden is to demonstrate that the highway was in a condition dangerous to traffic or pedestrians, in the sense that, in the ordinary course of human affairs, one could reasonably anticipate danger arising from its continued public use. Assessing the defect When determining whether a defect rendered a...

Gross negligence manslaughter Gross negligence manslaughter is a common law offence arising where an individual’s failings meet strict criteria. It is committed when the offender: owes the victim a duty of care and breaches that duty and that breach leads to the victim’s death and, given the risk involved, their behaviour is so seriously deficient that it amounts to a criminal act or omission For guidance on manslaughter by gross negligence, see Practice Note: Involuntary manslaughter. Only a person can commit gross negligence manslaughter; it should not be mistaken for manslaughter attributable to a company, which is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007. For information on corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide. Sentencing of organisations for corporate manslaughter is covered by the Crown Court offence-specific guideline for corporate manslaughter. See Practice Note: Sentencing for corporate manslaughter. The Sentencing Council has also issued an offence-specific guideline for sentencing gross...

This Practice Note outlines the procedural framework for sentencing offenders in England and Wales (the Sentencing Code) effective from 1 December 2020, comprising Parts 2–13 of the Sentencing Act 2020 (SA 2020). It also captures the revisions introduced by Part 7 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022). PCSCA 2022, Pt 7 operates to extend the period that must be served before release on licence for certain violent or sexual offences. For those assessing whether the Sentencing Code governs their matter, see Practice Note: Sentencing Code... Abolition of IPPs and EPPs Previously, the Criminal Justice Act 2003 (CJA 2003) provided for imprisonment for public protection (IPPs) and detention for public protection, alongside extended sentences for specified violent and sexual offences (EPPs). These sentencing options were abolished by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). Under the current framework for dangerous offenders, the court may impose: extended determinate sentences (EDSs), and mandatory custody for life or...