INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANDREW FINDLAY HARVEY AITKEN [2011] ScotSC 183 (23 November 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANDREW FINDLAY HARVEY AITKEN [2011] ScotSC 183 (23 November 2011)

The death of Andrew Findlay Harvey Aitken was caused solely by his own act of attempting to swallow a package of drugs to avoid detection, resulting in fatal choking. No reasonable precautions or system defects could have prevented the death, and the actions of police and paramedics were appropriate and commendable.

Citation
[2011] ScotSC 183
Parties
Deceased: Andrew Findlay Harvey Aitken; Applicant: Procurator Fiscal; Interested Party: Chief Constable of Strathclyde Police; Interested Party: Constable Gordon Young
Jurisdiction
Scotland
Judgment Date
23 November 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death by misadventure; no recommendations or findings of fault.
Legal Topics
Fatal Accident Inquiry, Sudden Death, Police Procedure, Drug Offences
Coronial Law Criminal Law Fatal Accident Inquiry Sudden Death Police Procedure Drug Offences

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Parties

Andrew Findlay Harvey Aitken

Deceased

Procurator Fiscal

Applicant

Chief Constable of Strathclyde Police

Interested Party

Constable Gordon Young

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death of Andrew Findlay Harvey Aitken
  2. 2 Whether reasonable precautions could have prevented the death
  3. 3 Whether defects in any system contributed to the death

Ratio Decidendi

The death of Andrew Findlay Harvey Aitken was caused solely by his own act of attempting to swallow a package of drugs to avoid detection, resulting in fatal choking. No reasonable precautions or system defects could have prevented the death, and the actions of police and paramedics were appropriate and commendable.

Court Disposition

Death by misadventure; no recommendations or findings of fault.