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10 December 2020 / Frederick Powell , Adam Straw
Issue: 7914 / Categories: Features , Procedure & practice , Criminal , Inquests
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Unlawful killing & standards of proof

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Adam Straw & Frederick Powell examine the Supreme Court’s judgment in R (Maughan) & the consequences for conclusions of unlawful killings at inquests
  • Analysis of the recent Supreme Court case of R (Maughan) v HM Senior Coroner For Oxfordshire [2020] UKSC 46 which considered the standard of proof for conclusions at inquests where the issues were whether the deceased had taken their own life, and whether there had been an unlawful killing.

The inquest

The appellant’s brother, a prisoner, died by hanging in his prison cell on 11 July 2016. The deceased had a history of mental health issues and was agitated on the previous evening, threatening self-harm. At the inquest into his death, the major issues were whether he had intended to kill himself and whether the prison authorities had caused or contributed to his death.

At the conclusion of the evidence, the coroner ruled that the jury could not safely reach a short-form conclusion (using simply the word ‘suicide’) based on the criminal

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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