Train guard done for manslaughter

[Otta]

It's manslaughter not murder. I agree that he needed to be punished, but I don't think you can say that he is 100% to blame for the girl's death, she had something to do with it too!

[the-e-dealer]

How about a hefty fine. She wont do it again.

[Loz]

Otta Wrote:

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> It's manslaughter not murder. I agree that he

> needed to be punished, but I don't think you can

> say that he is 100% to blame for the girl's death,

> she had something to do with it too!

Really Otta?? She was incapacitated, granted by her own actions, but that does not mean he should have allowed the train to move. For whatever reason she was leaning on the train, he should have investigated. He had every opportunity to prevent the tragedy. And didn't.

[the-e-dealer]

She Had A Drink. Leant Against the Train. NOT A CAPITAL OFFENCE! NOT EVEN IN IRAN!

[KidKruger]

I think the judge said something along the lines that at the point of the incident it was the guard alone, he as the only person who could have influenced the situation, so he chose to send the train out when it was clear there was a person leaning against the train. He chose to do so when he could have simply not ordered the train to depart.

He chose to send the train off and she died as a result.

[Otta]

I am not saying the girl deserved to die FFS!

[KidKruger]

Of course not, I'm not implying that at all. My post was more to say what I remember the tone of the judge's comments being, from radio reports I heard. It sounds like the guard was taking being a Jobsworth to an extreme degree and his belligerence cost the girl her life.

[ianr]

Here's an account of the sentencing: http://www.liverpoolecho.co.uk/liverpool-news/local-news/2012/11/16/judge-tells-christopher-mcgee-georgia-varley-paid-with-her-life-for-your-actions-100252-32247466/2/. There's a good cross section of readers' comments too.

There are several other reports in that paper, each with links to some of the othrs. Here's one. http://www.liverpoolecho.co.uk/2012/11/07/friend-of-tragic-wirral-teen-georgia-varley-tells-court-of-her-final-hours-100252-32180383/

I find it difficult to know what to make of the sentence without having seen all the video evidence. I do wonder whether the knowledge that there _was_ a death might possibly be an influence on the assessment of the level of risk of the guard's action; but I really don't know. I wouldn't in any case be surprised to see an attempt to appeal against at least the sentence. It's also very difficult to make comparisons, but here are some details of sentences in other convictions on the same charge. These I found from online press reports.. I wasn't able to find this degree of analysis in any of the online sets of official statistics.

2008, 3.5 years, DP Johnson, Roofing contractor. Homeowner died day after work done, from CO fumes from a boiler that now had no effective flue after chimney rebuilding.

2011, D Bell, pub landlord, repeated failure to ensure a cellar door secured. A customer fell into it, and was found dead there three days later. Two years.

2006, "hands on" company director, often worked on factory floor. Worker killed using a machine, one of three whose safety cutouts had been disabled on installation. Mitigating factors led to two years, suspended. Court of Appeal replaced this with 15 months immediate.

2012 Gas fitter incorrectly secured flue when installing domestic boiler. 3 years.

2003 Misra and Srivastava, two SHOs. Negligent post-operative care of a patient led to death from SA infection. Each, 18 months suspended.

1998 Hospital doctor administered adrenaline injection, against strong advice of three colleagues, to a Px in intensive care after septic shock. Px died from a heart attack. 6 months suspended.

2004 Narendra Sinha, Locum GP administered gross morphine overdose. 15 months.

[Edited: para.3 "the jury's assessment" -> "the assessment"]

[Otta]

KidKruger Wrote:

-------------------------------------------------------

> Of course not, I'm not implying that at all. My

> post was more to say what I remember the tone of

> the judge's comments being, from radio reports I

> heard. It sounds like the guard was taking being

> a Jobsworth to an extreme degree and his

> belligerence cost the girl her life.

Hi KK, my post wasn't directed at you mate.

[KidKruger]

No worries Otta, just in case.

[DaveR]

This was a case of gross negligence manslaughter, so the seriousness assessment will involve taking account of the nature of the duty of care that was breached, the degree of causation between the breach and the death, and the degree of negligence. In this case, the duty was specific - the guard's job is to ensure passenger safety. The causation was absolute - the negligent act was the complete cause of death (the fact that the victim was drunk explained why she was leaning against the train in the first place, but not why she fell when it moved off). And the degree of negligence was also very serious, given the training and experience of the defendant and the ease with which he could have done the right thing.

On that basis, this was a bad case. Add to that no credit for a guilty plea (which is a proper factor to take into account) and the fact that he appears to have been caught out lying by the CCTV (which is not strictly relevant but is likely to have some impact on the mind of the judge) and five years is an understandable sentence.