EWCA Crim 2375
To establish the criminal offence of manslaughter by gross negligence, the negligence had to be so gross, that if all the other ingredients of the offence were proved, then it amounted to a crime and was punishable as such. The question for the jury was whether the behaviour was grossly negligent and consequently criminal, which was a question of fact. There was no unacceptable uncertainty about the offence.
CA (Crim Div) (Judge LJ, Treacy J, Bean J)