Misra & Anor, R v

Misra & Anor, R v

Manslaughter by gross negligence is not incompatible with the ECHR; the offence is sufficiently certain, does not require mens rea, and the jury's role in determining criminality is not impermissibly circular. Fresh statistical evidence does not warrant admission as it was available at trial and does not materially affect causation.

Parties
Prosecution: Regina; Appellant: Amit Misra; Appellant: Rajeev Srivastava; Intervener: Attorney General
Jurisdiction
England and Wales
Judgment Date
08 October 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Manslaughter by Gross Negligence, Duty of Care, Causation, Legal Certainty, ECHR Compliance, Fresh Evidence
Criminal Law Medical Law Human Rights Manslaughter by Gross Negligence Duty of Care Causation Legal Certainty ECHR Compliance +1 more

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Parties

Regina

Prosecution

Amit Misra

Appellant

Rajeev Srivastava

Appellant

Attorney General

Intervener

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether manslaughter by gross negligence is compatible with the European Convention on Human Rights (ECHR)
  2. 2 Whether the offence lacks legal certainty and is impermissibly circular
  3. 3 Whether mens rea is a necessary ingredient for gross negligence manslaughter

Ratio Decidendi

Manslaughter by gross negligence is not incompatible with the ECHR; the offence is sufficiently certain, does not require mens rea, and the jury's role in determining criminality is not impermissibly circular. Fresh statistical evidence does not warrant admission as it was available at trial and does not materially affect causation.

Court Disposition

appeal dismissed

Orders

  • Application to call fresh evidence refused
  • Application to certify a point of law of general importance adjourned for written submissions