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 the same unlawful enterprise that he was, he owed them no duty of care.
Held: The case of Adomako did not raise the same issues as here, and was not a guide in this case. The law must not hesitate to prevent serious injury or death even when the victims might have consented to or willingly have accepted that risk.
Judges:
Lord Justice Kay, Mr Justice Ouseley, Mr Justice Colman
Citations:
Times 05-Sep-2002, Gazette 10-Oct-2002, [2002] EWCA Crim 1944, [2003] QB 1207
Links:
Jurisdiction:
England and Wales
Citing:
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 . .
Cited by:
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 – Evans (Gemma), Regina v CACD 2-Apr-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 June 2022; Ref: scu.174429