The applicant sought to challenge a decision not to prosecute a third party following the death of her son. He had been in care, having multiple disabilities, including epilepsy. He drowned whilst in a bath. It had been recognised that he needed constant supervision. She alleged gross negligence.
Held: There was no single mind in the local authority which could be identified as responsible, and therefore a prosecution of that authority would fail. The nurse in question had been told she would not be charged, and a prosecution now would risk being an abuse of process (Beedie)
Judges:
Mr Justice Hooper Lord Justice Kennedy
Citations:
[2003] EWHC 693 (Admin)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Andrews v Director of Public Prosecutions HL 22-Apr-1937
The defendant was accused of manslaughter in a road traffic case.
Held: The House sought a simple definition of manslaughter which would be applicable for road traffic cases. Lord Atkin said: ‘My Lords, of all crimes manslaughter appears to . .
Cited – Regina v Director of Public Prosecutions, ex parte Jones CA 2000
A company Managing Director had arranged for a dockside crane to be adapted, so that with the jaws of the grab bucket open bags could be attached to hooks fitted within the bucket. Jones was in the hold of a ship loading bags onto the hooks when the . .
Cited – Attorney-General’s Reference (No 2 of 1999) CACD 29-Feb-2000
A conviction for manslaughter by gross negligence did not require proof of a defendant’s state of mind. Nevertheless such evidence might well be useful in other ways. A body corporate could be guilty of manslaughter by gross negligence, but only if . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako and Regina v Holloway CACD 21-May-1993
A patient had been injected with the wrong medicine, and died as a result.
Held: The ingredients of the offence of involuntary manslaughter by breach of duty are the existence and breach of a duty, which had caused death and gross negligence . .
Cited – Regina v Beedie CACD 11-Mar-1997
Stay for Extended Autrefois Convict
The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.
A 19-year-old girl died of carbon monoxide . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 20 November 2022; Ref: scu.180587
