The Court of Appeal yesterday handed down a judgment dealing with the tricky issue of manslaughter following the Supreme Court’s decision in R v Jogee; Ruddock v The Queen [2016] UKSC 8. An appeal based on the concept of overwhelming supervening event was dismissed. Ali Tas had been acquitted of murder and convicted of manslaughter. […]
In a resounding defeat for the Serious Fraud Office the President of the Queen’s Bench Division, Sir Brian Leveson, has re-asserted orthodoxy in allowing ENRC’s appeal against the judgment of Andrews J in the High Court. The facts of the case will be well known to most readers. The Serious Fraud Office had sought a […]
The Court of Appeal handed down its long awaited judgment concerning Dr Bawa-Garba, overturning the Divisional Court’s decision that her conviction for gross negligence manslaughter necessitated erasure from the Medical Register. The facts of this tragic case have been rehearsed many times in the media. In brief, Dr Bawa-Garba had treated a young patient who […]
Last week the Divisional Court fundamentally revised the standard of proof as applied to certain coronial conclusions. Previously, it was understood that a conclusion of suicide had to be established to the criminal standard of proof. In the case of Mr Maughan, an inmate at HMP Bullingdon, the coroner agreed that there was insufficient evidence […]
The Sentencing Council has published new guidelines for how offenders convicted of manslaughter should be sentenced in England and Wales. The guideline comes into force on 1 November 2018. Purpose This is the first time that comprehensive guidelines have been drawn up for these very serious and difficult cases, which often have great variation in […]