R v Rose [2017] EWCA Crim 1168

Court: Court of Appeal (Criminal Division)

Facts: D, an optometrist, failed to detect V’s hydrocephalus during an eye examination. V later died as a result.

Held: Appeal allowed. The conviction was quashed. A reasonable person in D’s position, without knowledge of the missed diagnosis, could not have been aware of an obvious and serious risk of death.

Key Judicial Statement: The court emphasized, "The test for gross negligence manslaughter is objective and prospective: a reasonable person would need to foresee a serious and obvious risk of death."

💡Leveluplaw : this case implies that medical professionals who fail to perform their duties by neglecting to conduct examinations or reviewing the wrong files might actually be acquitted, while those who do conduct the necessary tests or review the results but fail to take action or recommend treatment could be convicted.