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Unlawful killing & standards of proof

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