The applicant appealed against her conviction for gross negligence manslaughter. Her half sister had died of a heroin overdose. Instead of calling for assistance when she had complained, the defendant and her mother had put the deceased to bed fearing that they would themselves be in trouble if she was taken to hospital.
Held: Where a defendant created or helped to create a situation where another’s life was put at risk, they came under a duty to assist notwithstanding the absence of any duty arising from a family or professional connection, and could be guilty of gross negligence manslaughter for failing to satisfy that duty. The nature of any duty of care asserted was a matter of law. Where there was any dispute, the existence of any facts sufficient to support the existence of the duty was for the jury. Understood in this way, there would be no conflict with human rights law.
Lord Judge, Lord Chief Justice, Lord Justice Moore-Bick, Mr Justice Calvert-Smith, Mr Justice Christopher Clarke and Mr Justice Holroyde
[2009] 1 WLR 1999, [2009] EWCA Crim 650, [2009] Crim LR 661, [2010] 1 All ER 13, [2009] 2 Cr App R 10, (2009) 110 BMLR 1
Bailii, Times
Eurpean Convention on Human Rights 6 7
England and Wales
Citing:
Cited – Regina v Miller HL 17-Mar-1982
The defendant, a vagrant, fell asleep in an empty house. His lighted cigarette fell onto his mattress, and a fire started. Rather than put it out, he moved to another room. He was accused of arson.
Held: He was guilty. A defendant would be . .
Cited – Regina v Willoughby CACD 6-Dec-2004
The Defendant appealed against his conviction for gross negligence manslaughter. He had recruited another man to assist him in burning down his own premises. In the course of the offence an explosion killed the other man. He said he owed him no duty . .
Cited – Regina v Wacker CACD 31-Jul-2002
The defendant had been convicted of manslaughter. He had been driving a lorry into the UK. 58 illegal immigrants died in the rear. He appealed against his conviction for gross negligence manslaughter, saying that because the victims were engaged in . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 11 November 2021; Ref: scu.329550
