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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 standard of proof. In other words, the coroner considered

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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