Source: All England Reporter
Publisher Citation: [2009] All ER (D) 49 (May)
Neutral Citation: [2009] EWHC 854 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Sir Anthony May P and Dobbs J
Representation James Badenoch QC and Matthew Barnes (instructed by Withy King) for the claimant.
  Hugh Mercer QC (instructed by Stephen McNamara) for the defendant.
  Gareth Patterson and Victoria Ailes (instructed by Lovells) for the intervener.
Judgment Dates: 7 May 2009

Catchwords

Coroner - Inquest - Verdict - Unlawful killing - Child killed after being pushed by father from hotel balcony - Authorities finding father not guilty of manslaughter on basis of evidence suggesting that he was insane person - Defendant coroner delivering verdict of unlawful killing at inquest - Whether coroner erring in law - Whether, if error, matter ought to be remitted to coroner for further consideration - Extent to which insanity relevant to coroner's finding of unlawful killing.

The Case

Coroner Inquest. Queen's Bench Division, Divisional Court: The court ruled that the defendant coroner's decision of unlawfully killing, in the instant case, could not stand and had to be quashed, and that the matter had to be remitted for further consideration. In doing so, the court had stated that insanity, properly raised, had to be disproved to the criminal standard to sustain a verdict of unlawful killing.

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