Peter Eaton, a director of Cotswold Geotechnical Holdings, has been charged with
gross negligence manslaughter in relation to the death of Alexander Wright, a junior geologist employed by the company.
A conviction
for gross negligence manslaughter carries a maximum sentence of life imprisonment, while a conviction for corporate manslaughter against an organisation attracts an unlimited fine — considering that the HSE recorded 228 fatal accidents at work since April 2008, this should be a huge concern for employers.
Such cases are rare, but what makes this unique is that the Director (Mervyn Owens) is facing linked charges of
gross negligence manslaughter as well as health and safety... Read more»
In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties
for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.
There should be clearer guidance for Coroners, the police and the Crown Prosecution Service to prevent doctors being needlessly put through
a gross negligence manslaughter investigation, the Medical Defence Union (MDU) said today.
Advising on potential liability of companies and directors in respect of corporate manslaughter,
gross negligence manslaughter and health and safety offences.
He was acquitted of
gross negligence manslaughter.
Exceptions arise in his chapter on The Law of Death, which includes too brief a consideration of
gross negligence manslaughter, and somewhat oversimplified treatment of the complex issues of palliative care and euthanasia (in contrast to withholding treatment).
It will be an important case, inter alia, for prosecution authorities in deciding whether to prosecute for health and safety (and corporate and
gross negligence manslaughter), for defence terms advising their clients and for judges arbitrating on trials and Newton hearings.