R v Sudanshu Garg [2012] EWCA Crim 2520

The Court of Appeal, the LCJ presiding, handed down guidance last Friday to sentencers dealing with gross medical negligence manslaughter cases.

Sudanshu Garg was the first such case to come before the courts since the Criminal Justice Act 2003 required greater emphasis to be given to the harm caused by an offence.

The message is clear: whether or not gross medical negligence cases attracted relatively shorter (and usually suspended) sentences pre-2003 compared to other cases of gross negligence or unlawful act manslaughter, doctors facing sentence in gross medical negligence cases henceforth can expect to receive significantly longer (and immediate) prison sentences."

Mark Ellison QC and Adrian Darbishire QC represented Mr Garg in the Crown Court and also at the Court of Appeal proceedings.

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