... above then D is liable. Before we can establish this, we have to define mental element. This is a state of mind the accused was in at the time of the act. The state of mind in this case, being the omission to act. Omission is an act of negligence, which leads to a minor act, or gross negligence, which leads to death. Negligence and gross negligence are both an act of omission, which has same state of mind but different result. 'Negligence can be defined as the omission to do something which a reasonable person guided upon these considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent or reasonable person would not do.' (Lecture outline criminal law) Gross negligence is a higher degree of negligence of which the risk taking must have been obvious to the reasonable person, anything above negligence, which leads to ...

See this essay or coursework document in full right now