Gross negligence and recklessness.

... Gross Negligence and Recklessness In imposing criminal liability for a failure to recognise the risks, obvious to a reasonable person, there are at least two factors: the level of risk involved The seriousness of the potential harm Only where the possible harm is more serious and the risk is more obvious, do we distinguish recklessness from carelessness and impose liability. In assessing this, other issues may come in: The social utility of the action Thus, the surgeon who performs a necessary but dangerous operation may realise that there is a high probability of serious harm or even death but we do not blame him or her if the operation fails - we balance the risks that are undoubtedly being taken against the social utility of the activity. We regard skilled surgical care as socially useful and do not regard the surgeon who kills a patient as reckless whereas a player of 'Russian Roulette' would

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