DETERMINATION INTO THE FATAL ACCIDENT INQUIRY INTO THE DEATH OF CATHERINE WINGATE [2012] ScotSC 64 (22 May 2012)

DETERMINATION INTO THE FATAL ACCIDENT INQUIRY INTO THE DEATH OF CATHERINE WINGATE [2012] ScotSC 64 (22 May 2012)

Catherine Wingate died of natural causes—congestive cardiac failure due to left ventricular hypertrophy, with heroin intoxication and hyperthyroidism as potential contributors. While police officers and custody staff failed to take certain reasonable precautions (summoning a casualty surgeon and communicating medical information), it was not established that these omissions could have prevented her death. The collapse was sudden and unforeseeable, and medical intervention would not likely have succeeded. No police actions or omissions contributed to her death.

Citation
[2012] ScotSC 64
Parties
Deceased: Catherine Wingate; Procurator Fiscal Representing the Crown: Ms M Price; Father of Deceased: James Wingate; Daughter of Deceased: Margaret Taylor; Police Officers: Police Constables Ellis Kane (now Anderson), Laura Morrison, Gordon Boughen; Custody Officer: Sergeant Ian Lang; Chief Constable: Chief Constable, Strathclyde Police
Jurisdiction
Scotland
Judgment Date
22 May 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death due to natural causes; no determination under sections 6(1)(c)-(e).
Legal Topics
Death in Custody, Medical Negligence, Police Procedures, Reasonable Precautions, Standard Operating Procedures
Criminal Law Public Law Police Law Coroners and Fatal Accident Inquiries Death in Custody Medical Negligence Police Procedures Reasonable Precautions +1 more

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Parties

Catherine Wingate

Deceased

Ms M Price

Procurator Fiscal Representing the Crown

James Wingate

Father of Deceased

Margaret Taylor

Daughter of Deceased

Police Constables Ellis Kane (now Anderson), Laura Morrison, Gordon Boughen

Police Officers

Sergeant Ian Lang

Custody Officer

Chief Constable, Strathclyde Police

Chief Constable

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Was the death of Catherine Wingate contributed to by police actions or omissions?
  2. 2 Were reasonable precautions taken by police and custody staff?
  3. 3 Should medical attention have been provided earlier?

Ratio Decidendi

Catherine Wingate died of natural causes—congestive cardiac failure due to left ventricular hypertrophy, with heroin intoxication and hyperthyroidism as potential contributors. While police officers and custody staff failed to take certain reasonable precautions (summoning a casualty surgeon and communicating medical information), it was not established that these omissions could have prevented her death. The collapse was sudden and unforeseeable, and medical intervention would not likely have succeeded. No police actions or omissions contributed to her death.

Court Disposition

Death due to natural causes; no determination under sections 6(1)(c)-(e).