“…The judge cited passages from the judgments in R v Misra [2005] 1 Cr App R 21 and R v Rimmington [2006] 1 AC 459 on which particular reliance was placed. She then summarised the submissions, recording at [227] the claimants’ overall subm…”
“…ffence as distinct from uncertainty as to the outcome of individual cases concerning the offence. Mr Rabinowitz KC referred to R v Misra [2004] EWCA Crim 2375; [2005] 1 Cr App R 21 at [63]. Second, even in relation to the elements of an offence, the presumption only applies if there is genuine ambiguity going beyond disagreement about wha…”
“…ck were “truly exceptionally bad”, which is the standard of care necessary for a conviction for gross negligence manslaughter: R v Misra [2004] EWCA Crim 2375; [2005] 1 Cr App R 21; R v Sellu [2016] EWCA Crim 1716, [2017] 4 WLR 64. He submitted that this was contrary to rule 34(3) of the Fitness to Practise Rules, which provides that prod…”