A JURY in the Jayant Patel manslaughter trial has asked for the judge's help for an explanation on the test for gross negligence.
In the Supreme Court in Brisbane on Wednesday the jury of five men and seven women asked Justice George Fryberg for a re-direction following two days of deliberation behind closed doors.
Justice Fryberg said the test applied to criminal conduct was objective, and the standard was that of "a reasonably competent surgeon" in all of the circumstances.
"You should assess what a reasonably competent surgeon would have done," he told them.
He said criminal negligence required a standard of conduct that was "so unskilled or careless as to be grossly negligent".
"It’s very much an assessment you have to make based on your commonsense," Justice Fryberg said.
"It’s a question of degree."
