R v Misra 
- The defendants (appellant doctors) sought to challenge the circularity of offence of gross negligence manslaughter following their conviction for the neglect of their patients
- Did the offence of gross negligence manslaughter breach Article 7 of the European Convention on Human Rights (the right to non-retroactive criminal punishment)?
- Although R v Adomako  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
Posted in Criminal Law Revision Notes.
This page was last updated on 26th December 2014