Summary
In a unique prosecution of a client for gross negligence manslaughter, Lawtons Solicitors secured an acquittal following a successful submission of no case to answer at the conclusion of the Prosecution case.
Details of the Case
The charge related to an unlicensed clinic provided treatment to those with heroin addiction problems and the use of an African root drug called Ibogaine. This is not a licenced drug in the UK.
The deceased had booked in a treatment at the unregistered clinic run by our client and, unbeknown to him, had also consumed heroin while at the treatment centre. The combination of the two drugs proved fatal.
Our Defence
Gross negligence manslaughter refers to a situation where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant. In our client’s case, the issue of causation was the key issue for trial.
Our client had earlier pleaded to guilty to charges relating to failing to register as a service provider, supplying unauthorised medicinal products and two counts of fraud.
Gross negligence manslaughter is an extremely serious criminal offence. Given the circumstances of the case, our client was at risk of a very lengthy prison sentence with the potential of up to 12 years’ custody.
Managing Partner Stephen Halloran took on this complex matter. This case involved the extensive use of expert evidence in the fields of toxicology and pharmacology, with Stephen instructed the recognised world expert in Ibogaine.
Outcome
At court, our client was represented by barristers Max Hill KC of King & Spalding , assisted by Kevin Molloy of Church Court Chambers. Following the Prosecution’s case, our team submitted an argument of no case to answer.
Thanks to the strength and persuasiveness of our submissions, this application was accepted by the court and our client was acquitted of the charge.
Looking for a specialist manslaughter defence solicitor?
Attempted murder is treated with utmost seriousness by UK courts, reflecting society’s view that deliberately trying to take another person’s life is one of the gravest crimes. With a maximum sentence of life imprisonment and typical sentences involving many years in custody, the consequences are severe and life-changing.
At Lawtons, our experienced criminal defence solicitors can provide the specialist advice and robust representation you need during this difficult time. Get in touch with our team today.
