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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

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    "They are the market leaders for serious crime’"

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

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    "Hamraj Kang is noted for his very sharp legal brain"

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

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    "Adept at dealing with cases that have an international dimension"

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    Gross Negligence Manslaughter | Kangs Health & Safety Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSGross Negligence Manslaughter | Kangs Health & Safety Solicitors

    Jun

    8

    June 8 , 2017 | Posted by Kangs Solicitors |

    Gross Negligence Manslaughter | Kangs Health & Safety Solicitors

    Amandeep Murria of Kangs Solicitors explains the nature of this offence with reference to a recent tragic case brought before the Old Bailey.

    Tragic Circumstances Leading to Trial | Kangs Health and Safety Team

    In August 2012 a female lawyer, whilst walking past a construction site in Mayfair, London, was killed when three window frames fell on her.

    Following an investigation undertaken by the Homicide and Major Crime Command and the Health & Safety Executive, charges were brought against individuals and several companies.

    Sentences Imposed | Kangs Criminal Trial Solicitors

    In March 2017, one of the defendants, an individual, was convicted of manslaughter by gross negligence, and offences contrary to Section 7a of the Health and Safety at Work Act, for which a twelve month prison sentence was imposed.

    One of the companies prosecuted was convicted of offences contrary to Section 2 and 3 of the Health and Safety at Work Act but it could only be fined two hundred and fifty pounds because it  was  ‘dormant’ i.e not trading by that time.

    It is understood that, because of the seriousness of the crime, the Judge wanted to impose a fine of £100,000, but he was unable to do so.

    Definition Of Gross Negligence Manslaughter | Kangs Advisory Solicitors

    This offence arises when a person dies as a result of the negligence of another and is a form of involuntary manslaughter where:

    • the defendant is ostensibly acting lawfully but
    • acts in such a way as to render the action criminal and
    • can be committed by omission.

    The Test

    A four stage test as to whether or not the offence has been committed is set out in case law as follows:

    • A duty of care to the deceased must have existed.
    • There must have been a breach of that duty.
    • The breach must have caused or contributed significantly to the death.
    • The breach should be characterised as gross negligence , and therefore a crime.

     Duty of Care

    • There is no general duty of care owed by one person to another.
    • A duty of care will arise from an act of a person where the requirements of foreseeability, proximity, fairness, justice and reasonableness establish such a duty.
    • The duty exists even where the defendant and the deceased were engaged in unlawful activity
    • The duty can arise from a contract of employment 

    Breach of the Duty | Causation | Kangs Criminal Defence Solicitors

    The test of whether a duty of care has been breached is an objective one, based upon the defendant’s position at the time of the event, and what a ‘reasonable person’ would have done in those circumstances.

    The act or the omission of the accused must be connected to the death and the prosecution must prove to the satisfaction of  a jury that the breach made more than a minimum contribution to the death.

    How Can We Help You? | Kangs Health & Safety Solicitors

    We have a team of solicitors  experienced in conducting health and safety cases from the initial investigation/interview stages right through to trial proceedings in court.

    Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and an informal chat about any of the issues in this article which may be of interest to you.

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    John Veale
    jveale@kangssolicitors.co.uk
    07779 055907 | 0121 449 9888 | 020 7936 6396

    Steve Micklewright
    smicklewright@kangssolicitors.co.uk
    020 7936 6396 | 0121 449 9888

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