Abstract
This article examines the standard of proof for unlawful killing in coronial proceedings. Historically, the criminal standard of proof governed inquest findings of unlawful killing. In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire, the Supreme Court resolved the important question of whether the criminal or civil standard governed inquest conclusions of unlawful killing. The court concluded that the correct standard of proof for all conclusions in coronial proceedings is the balance of probabilities. This article argues that whilst preserving differing standards of proof in coronial proceedings was no longer defensible and Maughan has provided welcome clarity, unanswered questions remain concerning the implementation of this fundamental change.
| Original language | English |
|---|---|
| Pages (from-to) | 230-233 |
| Number of pages | 4 |
| Journal | Medico-Legal Journal |
| Volume | 90 |
| Issue number | 4 |
| Early online date | 13 Jun 2022 |
| DOIs | |
| Publication status | Published - Dec 2022 |
Keywords
- unlawful killing
- standard of proof
- inquests
- coroners law
- coronial jurisdiction
Access to Document
- Unlawful killing at inquests: clarity or confusion?
Copyright 2022 the authors. This is an open access article published under a Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium, provided the author and source are cited.