PPRuNe Forums - View Single Post - AAIB investigation to Hawker Hunter T7 G-BXFI 22 August 2015
Old 6th Mar 2017, 12:23
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Legalapproach
 
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Just a Grunt

Reckless or negligent endangerment of an aircraft under the Air Navigation Order 2016 Article 240.

Although the accident would have been covered by the 2009 ANO article 238 the wording is the same

Gross negligence Manslaughter

Recklessness requires there to be a foreseeable risk of injury or serious damage and the defendant nevertheless goes on to take that risk
Negligence is simply falling below the standard that would be expected of the reasonably prudent and competent individual (so pilot)

Gross negligence exists where there is:
a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.

It is for a jury to determine whether the negligence should be categorised as "gross"

Last edited by Legalapproach; 6th Mar 2017 at 12:48.
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