Source: All England Reporter
Publisher Citation: [2002] All ER (D) 499 (Oct)
Neutral Citation: [2002] EWCA Crim 2410
Court: Court of Appeal, Criminal Division
Judge:

Clarke LJ, Pitchford J and Judge Fabyan Evans

Representation Timothy Raggatt QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Paul Mann QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 October 2002

Catchwords

Criminal evidence and procedure - Trial - Summing up - Direction to jury - Gross negligence manslaughter - Causation - Sufficiency of judge's direction.

The Case

On the facts of the instant case, the jury had been entitled to more assistance in relation to causation and gross negligence with specific reference to the facts of the case than they had in fact been given by the judge when summing up. Those defects made the verdict of the jury, namely that the defendant was guilty of two counts of gross negligence manslaughter, unsafe and the convictions would be quashed.

Practice Areas

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