The defendant had been convicted of the manslaughter by gross negligence of his wife. On 14 March 2002 she had suffered a fall at home fracturing a number of bones including her right leg and hip. The defendant sought no medical help until 4 April 2002 by which time his wife was debilitated, very thin and suffering pressure sores. She did not survive her admission to hospital. The defendant appealed against sentence.
Held: The fact that the deceased was unwilling to go to hospital and that she could have sounded an alarm which would have been heard by the warden at their home were treated as mitigating features.
[2004] 1 Cr App R (s) 73
England and Wales
Cited by:
Cited – Jenkins, Regina (on The Application of) v HM Coroner for Portsmouth and South and Others Admn 11-Dec-2009
The deceased had contracted gangrene, but not sought treatment, and he died of it. The claimant challenged the narrative verdict saying that it was perverse and that the only proper verdict was unlawful killing by his partner, a nurse who had . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 08 January 2022; Ref: scu.384058