Regina v Misra; Regina v Srivastava: CACD 8 Oct 2004

Each doctor appealed convictions for manslaughter by gross negligence, saying that the offence was insufficiently clearly established to comply with human rights law, in that the jury had to decide in addition and as a separate ingredient whether the act was a crime. A patient had died whilst under their supervision and care.
Held: The offence of manslaughter by gross negligence was clearly stated in Adomako. The offence required death resulting from a negligent breach of a duty of care to the deceased exposing the victim to risk of death, and that the circumstances were so reprehensible as to amount to gross negligence. The reference to crime was no more that an emphisis to a jury of the need on the prosecution to prove more than just civil negligence.


Judge LJ, Treacy, Bean JJ


Times 13-Oct-2004, [2004] EWCA Crim 2375, [2005] 1 Cr App R 328




England and Wales


CitedRegina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
AppliedRegina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .

Cited by:

AdoptedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
CitedABC and Others, Regina v CACD 26-Mar-2015
Several defendants sought to appeal against convictions. They were public officials accused of having committed misconduct in public office in the sale of information relating to their work to journalists. The journalists were convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 21 June 2022; Ref: scu.216391