Surgeon cleared of manslaughter by gross negligence

Counsel: For the appellant: Mark Ellison QC, David EmanuelFor the Crown: Mark Heywood QC, Ben TempleSolicitors: For the appellant: Birnberg Peirce & PartnersFor the Crown: CPS

In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal (Criminal Division) held that the conviction of a colorectal surgeon for manslaughter by gross negligence was rendered unsafe by the directions given by the trial judge to the jury. In particular, the judge’s direction on the “gross negligence” aspect of the offence was inadequate.