INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WALTER SEMPLE [2009] ScotSC 84 (16 March 2009)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WALTER SEMPLE [2009] ScotSC 84 (16 March 2009)

Walter Semple died as a result of restraint asphyxia, with acute alcohol intoxication as a contributory factor, following an accidental struggle during restraint by off-duty police officers and club members after he committed a serious criminal offence involving an imitation firearm. No reasonable precautions or defects in systems of working were identified that might have avoided the death.

Citation
[2009] ScotSC 84
Parties
Deceased: Walter Semple; Interested Party: Mrs Anne Semple and family; Prosecutor: Crown (Procurator Fiscal); Interested Party: Chief Constable, Detective Inspector Wilson McMillan and Police Constable Peter Anderson
Jurisdiction
Scotland
Judgment Date
16 March 2009
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearings
Outcome
No recommendations or findings under reasonable precautions or defects in systems of working; death determined as accidental due to restraint asphyxia with alcohol intoxication.
Legal Topics
Restraint Asphyxia, Police Conduct, Alcohol Intoxication, Accidental Death, Reasonable Precautions, Club Management Responsibility
Coronial Law Criminal Law Police Law Restraint Asphyxia Police Conduct Alcohol Intoxication Accidental Death Reasonable Precautions +1 more

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Parties

Walter Semple

Deceased

Mrs Anne Semple and family

Interested Party

Crown (Procurator Fiscal)

Prosecutor

Chief Constable, Detective Inspector Wilson McMillan and Police Constable Peter Anderson

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearings

Legal Issues

  1. 1 What was the cause of Walter Semple's death?
  2. 2 Were there reasonable precautions whereby the death might have been avoided?
  3. 3 Were there defects in any system of working which contributed to the death?

Ratio Decidendi

Walter Semple died as a result of restraint asphyxia, with acute alcohol intoxication as a contributory factor, following an accidental struggle during restraint by off-duty police officers and club members after he committed a serious criminal offence involving an imitation firearm. No reasonable precautions or defects in systems of working were identified that might have avoided the death.

Court Disposition

No recommendations or findings under reasonable precautions or defects in systems of working; death determined as accidental due to restraint asphyxia with alcohol intoxication.