[2007] EWCA Crim 3313

A conviction for manslaughter was not safe where the defendant had pleaded guilty on the basis of a now-outmoded recklessness test for gross negligence manslaughter and there was fresh evidence which, had he pleaded not guilty, might have persuaded a jury applying the current test that his fault did not amount to a degree of negligence which was criminal.

CA (Crim Div) (Latham LJ (VP CA Crim), Cooke J, Cranston J)

12/12/2007