3PB successful prosecution for gross negligence manslaughter at Wiltshire court martial
30th July 2018
3PB’s Head of Chambers Nigel Lickley QC leading David Richards prosecuted an army officer for offence of gross negligence manslaughter and another officer and a warrant officer for negligent performance of duty arising from the death of soldier Michael Maguire on Castlemartin Ranges, West Wales in May 2012 during a live firing training exercise.
The 8 week trial was both factually and legally complex.
The case concerned the planning, organisation, and running of live firing ranges. Additionally, complex issues of causation were raised by the defence requiring careful reconstruction of the scene with accurate grid references, bearings etc in order to establish to the criminal standard the origin of the fatal round. Expert witnesses in ballistics, pathology, training for such activity and range management were called.
All three accused were convicted after trial.
On 24 July 2018 they were sentenced at Bulford Military Court Centre. Capt Price, convicted of gross negligence manslaughter, was sentenced to 18 months immediate imprisonment. The other two accused received service punishments.
Related News
-
3PB crime and regulatory barrister Rebecca McKnight has written on the new guidelines for strangulation or suffocation/ racially or religiously aggravated strangulation or suffocation. The new sentencing guidelines will come into force on 1st January 2025.The data in this area is relatively limited given the offences only came into force on 7 June 2022 but practitioners will know that it is becoming increasingly common to see a charge of strangulation or suffocation. There was a...
Continue reading -
3PB Barristers congratulates its first-class Criminal and Regulatory Law team for another strong result in Chambers and Partners’ 2025 edition. Not only has the team retained its Band 1 ranking for Crime in the Western Circuit, with 10 of its practitioners ranked in this area of law, it has also added 2 new rankings for Health and Safety in Western, now totalling 3 ranked barristers. While our barristers are praised for their forensic analyses, strategic...
Continue reading -
3PB Barristers (3 Paper Buildings) breaks another record in the latest edition of Chambers and Partners with a total of 96 rankings (81 last year) achieved by 80 of its barristers. The national set is rewarded with accolades in 21 areas of law, in the London Bar as well as in the North Eastern, South Eastern, Western and Midlands Circuits and exceptional comments for its expertise and service delivery. Click here to view the full...
Continue reading -
3PB crime barrister Rebecca McKnight has been successful in appealing a sentence, arguing that the sentence imposed in the Crown Court was excessive. The Defendant received a four-year period of imprisonment. Rebecca argued that despite the aggravating features this was excessive, going outside the range in the relevant sentencing guidelines, without sufficient justification for doing so. The Single Judge gave permission for the appeal to be heard by the Court of Appeal. The appeal was...
Continue reading
