I was listening to a piece on the BBC about the specific threshold you have to meet to get a conviction for the offence of Gross Negligence Manslaughter and it sounded so high as to be ridiculous. I looked up a piece on the
CPS website about GNM and it summarises the threshold like so:
a) The defendant owed a duty of care to the deceased;
b) By a negligent act or omission the defendant was in breach of the duty which he owed to the deceased;
c) The negligent act or omission was a cause of the death; and
d)
The negligence, which was a cause of the death, amounts to gross negligence and is therefore a crime;
We can summarise the law shortly. The critical ingredients of gross negligence manslaughter can be taken from R v Prentice, Adomako and Holloway
[1994] QB 302 in this court and Adomako
[1995] 1 AC 171, [1994] 99 Crim App R 362 in the House of Lords as well as R v Misra
[2005] 1 Cr App R 21. They can be summarised as being the breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission (see Adomako
[2005] 1 Cr App Rep at 369). The elements of GNM were set out by the House of Lords in R v Adomako
[1995] 1 AC 171.
According to the BBC's Clive Coleman, and I'm paraphrasing from memory, this 'so bad in all circumstances' element of the negligence apparently goes beyond being serious or even very serious, and must hit a rather nebulous level of being more or less a once-in-a-lifetime gratuitously terrible level of negligence to qualify for GNM. As far as I understand no member of the police has ever been found guilty of it so I wonder who has advised the Hillsborough families that they were in the running to get near this unprecedented level in Duckenfield's case.
In spite of the sympathy I feel for the lives taken and ruined by this horrendous event it did feel wrong to me to be talking of closure if Duckenfield had been convicted. It's clear there were failings from a range of individuals and institutions from before, during and in the aftermath of the disaster so to hang the whole sorry affair on one man, who for sure had a level of responsibility in the matter, didn't sit well with me. The families have every right to seek justice and I'm sure I couldn't say any of this to their faces but it would have seemed the wrong conviction for the right reasons if he'd gone down while many other guilty parties remain free.
Yeah many others along with Duckfield bear responsibility. I'd personally like McKenzie and The Sun to be brought to book for the filth they printed in the days after but it seems like it was Duckenfield or bust.