Arshad, R. v

Arshad, R. v

The judge's summing-up, taken as a whole, fairly and clearly presented the uncertainties in medical science, alternative causes, and the need for caution, ensuring the jury could only convict if satisfied beyond reasonable doubt that the appellant caused the death as alleged. The directions met the requirements set out in Henderson.

Parties
Respondent: Regina; Appellant: Nosheen Arshad
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Manslaughter, Expert Evidence, Medical Causation, Jury Directions
Criminal Law Manslaughter Expert Evidence Medical Causation Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Nosheen Arshad

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the jury directions were correct in light of R v Henderson regarding expert evidence and possibility of unknown cause
  2. 2 Whether the conviction was safe given uncertainties in medical science

Ratio Decidendi

The judge's summing-up, taken as a whole, fairly and clearly presented the uncertainties in medical science, alternative causes, and the need for caution, ensuring the jury could only convict if satisfied beyond reasonable doubt that the appellant caused the death as alleged. The directions met the requirements set out in Henderson.

Court Disposition

Appeal dismissed