York College & Anor, R v

York College & Anor, R v

There is sufficient evidence on which a jury, properly directed, could find that Ms Redhead's conduct amounted to gross negligence manslaughter. The evidence supports all five steps required for the offence, including the existence of a duty, breach, causation, an obvious and serious risk of death, and potentially grossly negligent conduct. The application to dismiss is therefore refused.

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 Submission of No Case to Answer
Outcome
application refused
Legal Topics
Gross Negligence Manslaughter, Duty of Care, Health and Safety at Work, Risk Assessment, Supervision of Children
Criminal Law Health and Safety Law Gross Negligence Manslaughter Duty of Care Health and Safety at Work 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 Submission of No Case to Answer

Legal Issues

  1. 1 Whether there is a case to answer for gross negligence manslaughter against Ms Sophee Redhead
  2. 2 Whether the evidence supports the elements of gross negligence manslaughter as set out in law

Ratio Decidendi

There is sufficient evidence on which a jury, properly directed, could find that Ms Redhead's conduct amounted to gross negligence manslaughter. The evidence supports all five steps required for the offence, including the existence of a duty, breach, causation, an obvious and serious risk of death, and potentially grossly negligent conduct. The application to dismiss is therefore refused.

Court Disposition

application refused

Orders

  • The application to dismiss the charge of gross negligence manslaughter against Ms Sophee Redhead is refused.