R v Lidar [2000] 2 Cr App R 328

Court: Court of Appeal (Criminal Division)

Facts: D drove a car at high speed with V partially hanging out, resulting in V’s death.

Held: Conviction for gross negligence manslaughter upheld. The court found D’s conduct demonstrated reckless disregard for the risk of death. The prosecution has to prove an obvious risk of serious harm from the defendant's conduct and either the defendant's indifference to that risk, or foresight of it with a determination nevertheless to run it.

Key Judicial Statement: Lord Justice Stuart-Smith stated, "Gross negligence manslaughter requires a high degree of recklessness and indifference to the risk of death."