Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360
“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”
WLR Daily, 30th November 2012
Source: www.iclr.co.uk