The applicants, two hospital security guards, sought certiorari to quash their committal for trial on charges of manslaughter and criminal negligence causing death.
The charges arose from an incident where a patient died following a physical altercation and restraint by the guards.
The reviewing judge found that the preliminary inquiry judge failed to assess the sufficiency of the evidence for the essential elements of the offences.
Upon review, the court concluded there was no evidence establishing the objective foreseeability of non-trivial bodily harm for manslaughter, nor any evidence of wanton or reckless disregard for life for criminal negligence.
The application was granted and the committal orders were quashed.
