header-logo header-logo

10 December 2020 / Frederick Powell , Adam Straw
Issue: 7914 / Categories: Features , Procedure & practice , Criminal , Inquests
printer mail-detail

Unlawful killing & standards of proof

34266
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll