R v Misra [2004]

Facts

  • The defendants (appellant doctors) sought to challenge the circularity of offence of gross negligence manslaughter following their conviction for the neglect of their patients

Issue

  • Did the offence of gross negligence manslaughter breach Article 7 of the European Convention on Human Rights (the right to non-retroactive criminal punishment)?

Decision

  • No

Reasoning

  • Although R v Adomako [1995] requires a jury to decide, in order find a defendant guilty of a crime, whether his breach of duty was sufficient to be classed as a crime, this test is not circular as it is merely a question of fact put to the jury and is indicative of an objective standard of care which is severely below that which is acceptable
  • This test provides enough prospective certainty to render it compatible with Article 7 ECHR
RELATED CASE  R v Roberts [1971]

Posted in Criminal Law Revision Notes.

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