Can a jury consider the circumstances of intoxication when deciding whether a defendant exhibited gross negligence when committing the manslaughter?

California, United States of America


The following excerpt is from People v. Bennett, 231 Cal.App.3d 1213, 274 Cal.Rptr. 353 (Cal. App. 1990):

First, appellant contends the instruction erroneously tells the jury it can consider the circumstances of defendant's intoxication when deciding [231 Cal.App.3d 1217] whether defendant exhibited gross negligence when committing the manslaughter. He explains that the "plain language" of PENAL CODE SECTION 191.53 4 sets forth gross negligence and driving under the influence as separate, distinct elements of the crime. He further argues there is no statutory requirement that the driver's drunkenness relate causally to gross negligence (referring to People v. Stanley (1986) 187 Cal.App.3d 248, 253, fn. 5, 232 Cal.Rptr. 22 [interpreting former section 192, subdivision (c)(3), the substance of which carried over into section 191.5] ).

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