A lawyer appealed a decision about how much legal aid they should get for a murder case. The rules said higher payment if the victim was a patient and the killer was their carer. The court said the killer had to be the carer, not just the victim needing care, so the lawyer didn't get the higher payment.
Key Facts
- •Appeal against Legal Aid Agency's banding of a murder case under the Advocate's Graduated Fee Scheme (AGFS).
- •Appellant represented a defendant convicted of manslaughter (and conspiracy to rob) alongside co-defendants convicted of murder.
- •Victim was a 57-year-old man in poor health living in sheltered accommodation, receiving daily care.
- •Defendant was not the victim's carer.
- •Dispute centered on whether the murder fell under Band 1.1 ('killing of a patient in a medical or nursing care context') or Band 1.3 of the Criminal Legal Aid (Remuneration) Regulations 2013.
Legal Principles
The interpretation of 'killing of a patient in a medical or nursing care context' requires consideration of both the victim's circumstances and the killer's relationship to the victim.
R v. Knight [2020] SC-2019-CRI-000052 and R v. Taylor [2020] SC-2020-CRI-000112
The phrase implies a formal or informal caring relationship between the killer and the victim, not merely that the victim received care.
R v. Knight and R v. Taylor (as interpreted by Costs Judge Whalan)
Outcomes
Appeal dismissed.
The Determining Officer correctly applied Band 1.3 because the defendant had no caring relationship with the victim, despite the victim's vulnerability and receipt of care.