as to substitution of the precise dual charges (offences), using s. 3A of the same Act to do so, R v R and others [2007] 1 Cr App R 10, [2006] EWCA Crim 1974,
Legislation cited
Medicines Act 1968 Section 64.— Protection of purchasers of medicinal products.
Case history
Prior action(s)
R v Lee, Central Criminal Court of England and Wales, 2 April 2009 (unreported)
Subsequent action(s)
None
Court membership
Judge(s) sitting
Lord Justice Aikens, Mr Justice Royce, His Honour Judge Radford (joint opinion)
R v Lee is the leading case in England and Wales concerning erroneous professional dispensing of a controlled medicine. The case was considered by foremost judges with a conviction in the Central Criminal Court of England and Wales in front of its President, the Recorder of London, (where a not guilty plea would, if it had occurred, have been determined by the empanelled jury) and its partly successful appeal in the binding precedent-level Court of Appeal. The case confirmed that a serious error in giving a vulnerable customer a potent drug that does not match in any way the prescription, where such action is not the primary causation of any death or suffering, can result in a prosecution of the responsible pharmacist, with up to 2 years imprisonment, depending on the circumstances.
Later guidance and regulation has protected responsible pharmacists able to prove they have adequate, strict safeguards in place and also laid out principles to help to foster those safeguards.
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