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"There is a critical difference between killing recklessly and killing by gross carelessness, and the law must respect and acknowledge this difference." Discuss.
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Tom Pacey "There is a critical difference between killing recklessly and killing by gross carelessness, and the law must respect and acknowledge this difference." Discuss. The Law Comission is certainly of the view that this statement is valid. It believes the offence of involuntary manslaughter is far too widely defined under common law, leading to injustice of sentencing. The assertion that it is more morally reprehensible to take an unreasonable risk of which you are aware than to inadvertently do so, even though you were capbable of appreciating it, is one with which I tend to agree. Indeed, the Government has said "We accept that an offence resulting from a failure to appreciate the consequences of an action is less culpable than acting in full knowledge of a risk." Therefore to 'respect and acknowledge' the distinction, sentences for the former should be greater than for the latter. This moral imperative seems to be...
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