This is probs going a bit OT and apologies if it is seen that way. Clearly the jury / judge believe that the guard has made an error, but is it one that is punishable by a prison sentence? He did not intend to destroy any lives when he went to work that day and has made a split second decision which has unfortunately lead to devastating consequences.
For me, a prison sentence is for someone that is a danger to the public or has repeatedly carried out an offence (s). In this instance a community service order would have been more suitable.
Not in the eyes of the Law or the Court.
I think some people fail to understand the severity of the offense that the poor guard was convicted of. Manslaughter by gross negligence is a very serious offense.
Manslaughter by gross negligence is a form of involuntary manslaughter where the defendant is ostensibly acting lawfully. Involuntary manslaughter may arise where the defendant has caused death but neither intended to cause death nor serious bodily harm and thus lacks the mens rea (literally guilty mind or malice aforethought if you will) of murder.
It is not necessary to show an unlawful act has occurred. It can be said to apply where the defendant commits a lawful act in such a way as to render the actions criminal. The offense can also be committed by omission.
If i recall my studies correctly the test for this offense was set out in the case of R v Bateman:
1)the defendant owed a duty of care to the deceased;
2)the defendant breached this duty;
3)the breach caused the death of the deceased; and
4)the defendant's negligence was gross, that is, it showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment.
Case law has removed the requirement to show recklessness to leave only the objective test set out above. I would suggest you look out the case of R v Adomoko for further information.
As has been said there are no winners in this tragedy. Everybody is the loser.
I will await the RAIB report to see what impact this will have on the dispatch of trains by platform staff and regarding on train operations for both drivers and guards.
To my mind any recommendation must be followed to the letter by all levels of railway staff. Standards, operational and management procedures must change to ensure this can never happen again.
The most worrying thing is that this could happen again tonight.