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 of care.
Held: It was a matter of fact for the jury to determine whether a duty of care was owed to the deceased, once the judge had found there was evidence to support such a conclusion. In exceptional circumstances, where perhaps a statutory duty was imposed, the judge might give a direction that a duty existed. A conviction might have been easier if the case had been presented as manslaughter in the course of an unlawful act.
Judges:
Rose LJ, Stanley Burnton, Mackay J
Citations:
Times 21-Dec-2004, [2004] EWCA Crim 3365, [2005] 1 WLR 1880
Links:
Jurisdiction:
England and Wales
Citing:
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 by:
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: 28 June 2022; Ref: scu.220561