Gross Negligence Manslaughter – Oliver Saxby QC instructed to prosecute

July 6, 2018

Oliver Saxby QC has been instructed to prosecute a mother charged over the death of her 12-month old baby, A. A had been been left unattended and unsupported in a bath whilst her mother was elsewhere at the address, dealing with household chores. When she returned, A was dead having drowned. It would seem as though the defendant had become distracted during a lengthy phone call. The case raises important ‘Adamako’ and ‘Cornish’ issues relating to the offence of gross negligence manslaughter and, particularly, the extent to which any breach of duty of care can properly be described as gross and therefore criminal in the circumstances. The trial is expected to take place early next year.

Oliver Saxby QC is instructed by CPS Wales Complex Case Unit.