... App R 8, laid down a test for establishing negligence: The facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving of punishment. English law recognises that a person can be held responsible for the manslaughter of another where he owed that other a duty of care, that he breached that duty by omission and that in consequence that other died. The difficulty lies in determining those at fault when the duty of care was held by a company, for example, where a number of passengers board a train, the company (i.e. Rail Track or Connex) has a duty of care for the safety of such passengers. It should be noted that, in terms of ...

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