Background
Background

News & Events

Cot death manslaughter allegation trial resolves with health and safety failing

29/10/2018

Jason Pitter QC, leading Geraldine Kelly, represented the designer and manufacturer of a “cot bed” in which a 7 month baby tragically died of positional asphyxia having become trapped in one of the gaps manufactured into the bed guard. The bed had been custom made for the baby but the manufacturer had not had regard to the appropriate standards and guidelines in relation to making the bed safe.  He was charged with manslaughter by gross negligence in respect of the bed and an allegation of fraud in relation to selling further beds after the death of the baby.  There was an accepted breach of the duty of care to the baby.  At the close of the Prosecution case a review of the evidence and law in relation to grossness and whether there was a serious and obvious risk in light of the Defendants knowledge, resulted in the Prosecution accepting a plea to an offence under  s3 Health and Safety at Work etc. Act 1974.  The Defendant was sentenced to a total of 40 months (19 months for the Health and Safety offence and 21 months for fraud).

The case, which was heard at Leeds Crown Court, received widespread media attention.

Authors

Jason Pitter KC

Call 1994 | Silk 2014

Related areas

Crime

Popular

Chloe Hudson acted on behalf of the General Medical Council in proceedings…

Discover more

Jason Pitter KC has been retained to represent GMP officers in the…

Discover more

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)