The deceased was found in the street having taken drink and drugs. At a police station he was seen by a doctor who found him fit to be detained, but he died next morning. A jury recorded a verdict of ‘drug abuse contributed to by neglect’. It was contended on behalf of the Chief Constable that there was no evidence of neglect to be left to the jury.
Held: The court rejected that submission, but concluded that the interest of justice did require second inquest: ‘(1) the coroners explanation of what constituted ‘neglect’ was erroneous. He began with a correct definition. Unfortunately he then amplified that definition in terms which suggested that simple negligence would suffice . . . (2) The coroner failed to give any direction in relation to causation . . . the jury must be satisfied that there was a clear and direct causal connection between the gross failure or failures by the police and the cause of death.’
Jackson J
[1999] 164 JP 191
England and Wales
Cited by:
Cited – Regina on the Application of Mullholland v HM Coroner for St Pancras QBD 7-Nov-2003
The applicant sought to re-open a coroner’s inquest. The deceased had been drunk, slipped banged his head and fallen to the ground. Police and ambulance were called. The ambulance worker was not told he had been unconscious, and he was taken to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.187757