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R v Misra [2004]


  • 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)?


  • No


  • 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
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