[2013] EWCA Crim 965

The offence of wilfully neglecting a person who lacked capacity, contrary to the Mental Capacity Act 2005 s.44, was made out if the medical practitioner in question neglected to do that which ought to have been done in the treatment of the patient. It was no defence to say that the practitioner's failure to act had been the result of panic, or that the outcome would have been the same whether or not the treatment had been administered.

CA (Crim Div) (Jackson LJ, Thirlwall J, Judge Goldstone QC)

17/05/2013