INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DARYL MALCOLM SHEARER [2011] ScotSC 118 (14 July 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DARYL MALCOLM SHEARER [2011] ScotSC 118 (14 July 2011)

Mr Shearer died from head and neck trauma and intoxication with dihydrocodeine and diazepam. The death could have been avoided had he not engaged in fights or abused controlled drugs. No reasonable precautions by police or medical staff would have prevented the death within the current legal framework.

Citation
[2011] ScotSC 118
Parties
Deceased: Daryl Malcolm Shearer; Applicant: Procurator Fiscal; Interested Parties: Messrs Ramsay, Hunter and Tudhope
Jurisdiction
Scotland
Judgment Date
14 July 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No defect in police or medical systems contributed to the death; no reasonable precautions by authorities would have avoided the death.
Legal Topics
Death in Custody, Drug Abuse, Police Procedures, Medical Care in Custody
Criminal Law Coroners and Fatal Accident Inquiries Death in Custody Drug Abuse Police Procedures Medical Care in Custody

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Daryl Malcolm Shearer

Deceased

Procurator Fiscal

Applicant

Messrs Ramsay, Hunter and Tudhope

Interested Parties

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death of Daryl Malcolm Shearer while in police custody
  2. 2 Whether reasonable precautions could have avoided the death
  3. 3 Whether defects in police or medical systems contributed to the death

Ratio Decidendi

Mr Shearer died from head and neck trauma and intoxication with dihydrocodeine and diazepam. The death could have been avoided had he not engaged in fights or abused controlled drugs. No reasonable precautions by police or medical staff would have prevented the death within the current legal framework.

Court Disposition

No defect in police or medical systems contributed to the death; no reasonable precautions by authorities would have avoided the death.