York College & Anor, R v [2014] EWHC 122 (QB) (28 January 2014)

York College & Anor, R v [2014] EWHC 122 (QB) (28 January 2014)

There is sufficient evidence on which a properly directed jury could find that Ms Redhead's conduct amounted to gross negligence manslaughter, as there was an obvious and serious risk of death identified in risk assessments, a prolonged period of unsupervised access to a known hazard, and evidence that she knew or ought to have known of the risk. The application for no case to answer is refused.

Citation
[2014] EWHC 122 (QB)
Parties
Prosecution: R; First Defendant: York College; Second Defendant: Ms Sophee Redhead
Jurisdiction
England and Wales
Judgment Date
28 January 2014
Procedural Posture
Criminal / Ruling on Application of No Case to Answer After Prosecution Case
Outcome
Application for no case to answer refused
Legal Topics
Gross Negligence Manslaughter, Health and Safety at Work, Duty of Care, Risk Assessment, Supervision of Children
Criminal Law Health and Safety Law Gross Negligence Manslaughter Health and Safety at Work Duty of Care Risk Assessment Supervision of Children

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Parties

R

Prosecution

York College

First Defendant

Ms Sophee Redhead

Second Defendant

Procedural Posture

Criminal / Ruling on Application of No Case to Answer After Prosecution Case

Legal Issues

  1. 1 Whether there is a case to answer for gross negligence manslaughter against Ms Redhead
  2. 2 Whether the evidence supports a finding of gross negligence
  3. 3 Whether a reasonably prudent person would have foreseen an obvious and serious risk of death

Ratio Decidendi

There is sufficient evidence on which a properly directed jury could find that Ms Redhead's conduct amounted to gross negligence manslaughter, as there was an obvious and serious risk of death identified in risk assessments, a prolonged period of unsupervised access to a known hazard, and evidence that she knew or ought to have known of the risk. The application for no case to answer is refused.

Court Disposition

Application for no case to answer refused

Orders

  • Charge of gross negligence manslaughter against Ms Redhead to proceed to jury