The deceased had been shot by the police, who mistakenly believed him to be armed. Judicial review was sought saying that the coroner had wrongly refused to leave to the jury the possible verdict of unlawful killing.
Held: The appeal was dismissed. Whilst the jury should be trusted to intepret the facts, a coroner could properly not leave a possible verdict to the jury where the verdict would, on the evidence, be perverse. Considerations of what might or might not have been admissible evidence at a criminal trial were irrelevant.
Judges:
Waller LJ, Keene LJ, Dyson LJ
Citations:
[2007] EWCA Civ 617, Times 13-Aug-2007
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Bubbins v United Kingdom ECHR 17-Mar-2005
The deceased had returned home drunk, and climbed in through a window. His girlfriend saw only his legs and reported an intruder to the police. He refused to identify himself when challenged by the police and on pointing a gun from the window he was . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Regina v HM Coroner for Exeter and East Devon ex parte Palmer 10-Dec-1997
Lord Woolf discussed the role of the coroner acting as a filter to avoid injustice: ‘In a difficult case, the Coroner is carrying out an evaluation exercise. He is looking at the evidence before him as a whole and saying to himself, without deciding . .
Cited – Sharman, Regina (on the Application of) v HM Coroner for Inner North London Admn 12-May-2005
A caller reported to the police that a man had left a public house with a gun in a plastic bag. He was confronted by armed police and shot. It had in fact been a stick of wood. The officers appealed a finding of unlawful killing.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 11 July 2022; Ref: scu.253740
