R. v Cornish & Anor

R. v Cornish & Anor

Pre-commencement events under the 2007 Act cannot constitute the offence but may inform the jury's assessment of post-commencement breaches. The Crown must identify the lowest tier of senior management alleged to be culpable and provide particulars of acts and omissions relied upon, but need not name individuals. The hearing does not meet the criteria for a preparatory hearing under the 1996 Act.

Parties
Prosecution: R; First Defendant: Dr Errol Cornish; Second Defendant: Maidstone and Tunbridge Wells NHS Trust
Jurisdiction
England and Wales
Judgment Date
16 October 2015
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Applications by the Trust denied; Crown ordered to provide further particulars.
Legal Topics
Corporate Manslaughter, Gross Negligence, Duty of Care, Criminal Procedure, Particularisation of Charges
Criminal Law Medical Law Corporate Liability Corporate Manslaughter Gross Negligence Duty of Care Criminal Procedure Particularisation of Charges

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Parties

R

Prosecution

Dr Errol Cornish

First Defendant

Maidstone and Tunbridge Wells NHS Trust

Second Defendant

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether events prior to the commencement of the Corporate Manslaughter and Corporate Homicide Act 2007 can be relied upon in a charge under the Act
  2. 2 Whether the Crown must provide further particulars identifying senior management and breaches alleged against the NHS Trust
  3. 3 Whether the hearing should be designated as a preparatory hearing under the Criminal Procedure and Investigations Act 1996

Ratio Decidendi

Pre-commencement events under the 2007 Act cannot constitute the offence but may inform the jury's assessment of post-commencement breaches. The Crown must identify the lowest tier of senior management alleged to be culpable and provide particulars of acts and omissions relied upon, but need not name individuals. The hearing does not meet the criteria for a preparatory hearing under the 1996 Act.

Court Disposition

Applications by the Trust denied; Crown ordered to provide further particulars.

Orders

  • Crown to identify the lowest tier of senior management alleged to be culpable.
  • Crown to provide particulars of acts and omissions relied upon against both defendants.