INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDENDEATH OF TERENCE MICHAEL GRIFFIN [2013] ScotSC 107 (14 November 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDENDEATH OF TERENCE MICHAEL GRIFFIN [2013] ScotSC 107 (14 November 2013)

The death was caused by head injury resulting from a road traffic accident due to loss of control by the deceased, who was driving a minibus for hire and reward without proper entitlement and with a history of alcohol dependence syndrome. Reasonable precautions, including reporting his condition to DVLA and heeding police signals, were not taken. Medical practitioners failed to follow GMC guidance on reporting fitness to drive. Police conduct did not contribute to the fatal crash; no pursuit was ongoing at the time of death.

Citation
[2013] ScotSC 107
Parties
Deceased: Terence Michael Griffin; Crown Procurator Fiscal: Ms Macfarlane; Interested Party: Family of Terence Michael Griffin; Interested Party: Chief Constable of Strathclyde Police; Employer: London Minibus Company; Interested Party: General Medical Practitioner (London)
Jurisdiction
Scotland
Judgment Date
14 November 2013
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death caused by head injury due to road traffic accident; accident caused by loss of control by deceased; reasonable precautions not taken by deceased and medical practitioners; police conduct not causative.
Legal Topics
Road Traffic Accident, Fitness to Drive, Medical Reporting Obligations, Police Conduct, Commercial Driving Regulations
Criminal Law Public Law Regulatory Law Road Traffic Accident Fitness to Drive Medical Reporting Obligations Police Conduct Commercial Driving Regulations

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Parties

Terence Michael Griffin

Deceased

Ms Macfarlane

Crown Procurator Fiscal

Family of Terence Michael Griffin

Interested Party

Chief Constable of Strathclyde Police

Interested Party

London Minibus Company

Employer

General Medical Practitioner (London)

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of Terence Michael Griffin?
  2. 2 Were reasonable precautions available to avoid the death?
  3. 3 Did police conduct contribute to the fatal accident?

Ratio Decidendi

The death was caused by head injury resulting from a road traffic accident due to loss of control by the deceased, who was driving a minibus for hire and reward without proper entitlement and with a history of alcohol dependence syndrome. Reasonable precautions, including reporting his condition to DVLA and heeding police signals, were not taken. Medical practitioners failed to follow GMC guidance on reporting fitness to drive. Police conduct did not contribute to the fatal crash; no pursuit was ongoing at the time of death.

Court Disposition

Death caused by head injury due to road traffic accident; accident caused by loss of control by deceased; reasonable precautions not taken by deceased and medical practitioners; police conduct not causative.

Orders

  • No further action ordered.
  • Recommendations for regulatory review of commercial driving practices.