Two cases, two outcomes: Family’s fight for justice after sister’s death

A grieving brother has spoken out about what he describes as a “critical gap” in the UK justice system, as he continues campaigning for a change in the law following the death of his sister.

Jonathan Haggerty launched a national petition earlier this year, after the death of Danielle Haggerty in March 2023, calling for it to become a criminal offence to abandon someone in immediate danger without seeking help. Now, he says a comparison with another high-profile case highlights a stark inconsistency in how justice is applied.

Speaking this week, Jonathan questioned why the Kimberley Milne case resulted in a conviction, while Danielle’s case did not even reach a courtroom.

“The answer exposes a critical gap in our justice system, one that Danielle’s Law is determined to close,” he said.

In Kimberley Milne’s case, legal proceedings were able to move forward due to what Jonathan describes as clear elements of direct violence, direct causation, and an established legal pathway to prosecution.

However, he says the circumstances surrounding Danielle’s death, despite containing multiple distressing factors, did not meet the current legal threshold for criminal charges.

These included a violent argument, threats reportedly heard by a neighbour, evidence that Danielle had been locked inside a property, and inconsistencies in the suspect’s account of events. A 999 call also captured sounds of distress, including screams, banging, and a voice heard saying “you’re killing me”.

A coroner later confirmed that an argument and significant distress occurred immediately before Danielle’s death.

Despite this, the Crown Prosecution Service concluded that no criminal charges could be brought. Danielle’s death was ruled as an unintended outcome of self-harm, meaning the law could not attribute legal responsibility to another party.

Jonathan believes this highlights a systemic issue.

“Two women. Two abusive relationships. Two emergencies. One gets justice. One gets nothing,

“This inconsistency is not just painful, it is structural.”

Danielle’s Law, the campaign launched in her memory, is calling for the introduction of a legal “duty to act” when a vulnerable person is in danger. The proposed change would apply particularly in situations involving domestic abuse, coercive control, mental health crises, disability, or addiction.

Under current UK law, there is no general legal requirement for one civilian to intervene or seek help for another, even in life-threatening situations. The Haggerty family argue this gap meant that, despite the circumstances of Danielle’s death, no offence existed for leaving her without assistance.

The campaign is advocating for a “duty to rescue” law, similar to legislation already in place in several other countries. Such laws typically require individuals to take reasonable steps to help someone in serious danger, such as contacting emergency services, as long as doing so does not put them at risk.

Supporters say introducing such a law in the UK would help protect vulnerable people and ensure that individuals cannot knowingly walk away from life-threatening situations without consequence.

Jonathan added: “No family should ever be told that the system ‘cannot prosecute’ simply because the law has not kept pace with the realities of modern abuse.

“We can prevent more deaths. We can close this gap. We can honour Danielle by ensuring no one else falls through the cracks she did.”

The petition, which calls for the proposed legal change, has so far gathered more than 25,000 signatures and remains open until June. It will need 100,000 signatures to be considered for debate in Parliament.

Campaigners are urging the public to lend their support in a bid to turn Danielle’s story into lasting legal reform.

“This isn’t just about our family,” Jonathan said. “It’s about protecting others and making sure help is sought when it matters most.”

The petition can be found at: Make it a crime to abandon someone in immediate danger without seeking help - Petitions