Practice and Procedure

R v GEMMA EVANS (2009)

PUBLISHED April 2, 2009

[2009] EWCA Crim 650

For the purposes of the offence of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought reasonably to have known, had become life-threatening, a consequent duty on him to act by taking reasonable steps to save the other's life would normally arise. The question of whether a duty of care existed was a question for the judge, not the jury.

CA (Crim Div) (Lord Judge LCJ, Moore-Bick LJ, Calvert Smith J, Christopher Clarke J, Holroyde J)