Coronial Law Research Articles

‘A rifle lying across her arm’: the suspicious death of 13-year-old ‘half-caste’ Cissy Brennan

This article explores the death of 13-year-old ‘half-caste’ Cissy Brennan in far north Queensland in 1910. The entangled accounts of police constables, the Government Medical Officer, family and community members, and news reports, reveal how these narratives are buried deep within the coronial structures and colonial discourses of the inquest file. The article argues that the witness testimonies in the magisterial inquiry, including the findings of the police constables, and Government Medical Officer, became the dominant narrative in writing about Aboriginal female bodies within coronial law, creating a flawed and fragmentary historical account.

Investigating death in Moreton Bay

English common law was applied in the New South Wales penal colony when it was founded by Governor Arthur Phillip in 1788. Phillip’s second commission granted him sole authority to appoint coroners and justices of the peace within the colony. The first paid city coroner was appointed in 1810 and only five coroners served the expanding territory of New South Wales by 1821. To relieve the burden on coroners, justices of the peace were authorised to conduct magisterial inquiries as an alternative to inquests. When the Moreton Bay settlement was established, and land was opened up to free settlers, justices were relocated from New South Wales to the far northern colony. Nonetheless, the administration of justice, along with the function of the coroner, was hindered by issues of isolation, geography and poor administration by a government far removed from the evolving settlement. This article is about death investigation and the role of the coroner in Moreton Bay. By examining a number of case studies, it looks at the constraints faced by coroners, deaths due to interracial violence and deaths not investigated. It concludes that not all violent and unexplained deaths were investigated in accordance with coronial law due to a paucity of legally qualified magistrates, the physical limitations of local conditions and the denial of justice to Aborigines as subjects of the Crown.

Interpretation of 'Unnatural Death' in Coronial Law: A Review of the English Legal Process of Decision Making, Statutory Interpretation, and Case Law.

The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

'Natural' and 'Unnatural' medical deaths and coronial law: A UK and international review of the medical literature on natural and unnatural death and how it applies to medical death certification and reporting deaths to coroners: Natural/Unnatural death: A Scientific Review.

In the United Kingdom, when people die, either a doctor writes an acceptable natural cause of death medical certificate, or a coroner (fiscal in Scotland) investigates the case, usually with an autopsy. An inquest may or may not follow. The concept of 'natural or unnatural cause' death is not internationally standardized. This article reviews scientific evidence as to what is a natural death or unnatural death and how that relates to the international classification of deaths. Whilst there is some consensus on the definition, its application in considering whether to report to the coroner is more difficult. Depictions of deaths in terminal care, medical emergencies and post-operative care highlight these difficulties. It secondly reviews to what extent natural and unnatural are criteria for notification of deaths in England and Wales and internationally. It concludes with consideration of how medical concepts of unnatural death relate in England and Wales to coroners' legal concepts of what is unnatural. Deaths that appear natural to clinicians and pathologists may be legally unnatural and vice versa. It is argued that the natural/unnatural dichotomy is not a good criterion for reporting deaths under medical care to coroners, but the notification of a medical cause of death, using the International Classification of Disease Codes and the medical professional view as to whether it is scientifically natural, is of great value to the coroner in deciding whether it is legally unnatural.

Investigating stillbirths

Sophie Windsor considers whether a recent case involving the first inquest into the birth of a stillborn baby in Northern Ireland could extend UK coronial law to investigate stillbirths.

Exploring fatal facts: current issues in coronial law, policy and practice

AbstractDeath investigation and coronial practices have undergone significant social, political and legal scrutiny in recent years. A wave of coronial reform has occurred across jurisdictions, including in the United Kingdom (UK), Australia, Canada and New Zealand, with a concomitant focus on the adequacy of death investigation law and policy. Taking key coronial developments in the UK and Australia as its starting point, this paper explores a legal jurisdiction undergoing immense legal and policy reform to illustrate why coronial law and practice is of increasing scholarly interest. It begins by tracing the contentious landscape of UK coronial law reform, which has also resonated internationally, thereafter examining key controversies that refocused attention on the value of the jurisdiction, before discussing contemporary coronial issues including, publicity, human rights and death prevention.

Closing down Open Justice in the United Kingdom?

This Brief examines moves by the UK government to expand secrecy in UK law via proposals to provide for 'closed material procedures' ('CMPs') in coronial and civil proceedings. These proposals are contained in the Justice and Security Green Paper ('the Green Paper'), which was released in October 2011. Importantly, recent coronial reform in the UK has emerged amid a post-9/11 landscape of counter-terrorism and national security considerations, which, in contrast to Australian coronial law, has brought with it a general push for secrecy.

Missing Persons–Missing Data: The Need to Collect Antemortem Dental Records of Missing Persons

The subject of missing persons is of great concern to the community with numerous associated emotional, financial, and health costs. This paper examines the forensic medical issues raised by the delayed identification of individuals classified as "missing" and highlights the importance of including dental data in the investigation of missing persons. Focusing on Australia, the current approaches employed in missing persons investigations are outlined. Of particular significance is the fact that each of the eight Australian states and territories has its own Missing Persons Unit that operates within distinct state and territory legislation. Consequently, there is a lack of uniformity within Australia about the legal and procedural framework within which investigations of missing persons are conducted, and the interaction of that framework with coronial law procedures. One of the main investigative problems in missing persons investigations is the lack of forensic medical, particularly, odontological input. Forensic odontology has been employed in numerous cases in Australia where identity is unknown or uncertain because of remains being skeletonized, incinerated, or partly burnt. The routine employment of the forensic odontologist to assist in missing person inquiries, has however, been ignored. The failure to routinely employ forensic odontology in missing persons inquiries has resulted in numerous delays in identification. Three Australian cases are presented where the investigation of individuals whose identity was uncertain or unknown was prolonged due to the failure to utilize the appropriate (and available) dental resources. In light of the outcomes of these cases, we suggest that a national missing persons dental records database be established for future missing persons investigations. Such a database could be easily managed between a coronial system and a forensic medical institute. In Australia, a national missing persons dental records database could be incorporated into the National Coroners Information System (NCIS) managed, on behalf of Australia's Coroners, by the Victorian Institute of Forensic Medicine. The existence of the NCIS would ensure operational collaboration in the implementation of the system and cost savings to Australian policing agencies involved in missing person inquiries. The implementation of such a database would facilitate timely and efficient reconciliation of clinical and postmortem dental records and have subsequent social and financial benefits.

Coronial Law – A Suitable Case for Treatment

Coronial Law – A Suitable Case for Treatment

Inquests: Coronial law: developments in domestic law and the imapct of Articles 2 and 3

<i>Inquests:</i> Coronial law: developments in domestic law and the imapct of Articles 2 and 3

“Super Visum Corporis”: Visuality, Race, Narrativity and the Body of Forensic Pathology

(2002). “Super Visum Corporis”: Visuality, Race, Narrativity and the Body of Forensic Pathology. Law & Literature: Vol. 14, No. 2, pp. 367-396.