Evans, R v

Evans, R v

On the facts found by the jury, the appellant, having supplied the heroin and remained with the deceased, was under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly. The existence of the duty of care is a question of law for the judge, but the misdirection did not render the conviction unsafe as the facts established the duty and the remaining elements of gross negligence manslaughter were proved.

Parties
Prosecutor: R; Appellant: Gemma Evans
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Gross Negligence Manslaughter, Duty of Care, Omission, Supply of Drugs, Jury Directions
Criminal Law Gross Negligence Manslaughter Duty of Care Omission Supply of Drugs Jury Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

R

Prosecutor

Gemma Evans

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant owed a duty of care to the deceased for the purposes of gross negligence manslaughter
  2. 2 Whether the judge or jury should determine the existence of a duty of care in gross negligence manslaughter cases
  3. 3 Whether the judge's directions to the jury were correct in law

Ratio Decidendi

On the facts found by the jury, the appellant, having supplied the heroin and remained with the deceased, was under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly. The existence of the duty of care is a question of law for the judge, but the misdirection did not render the conviction unsafe as the facts established the duty and the remaining elements of gross negligence manslaughter were proved.

Court Disposition

appeal dismissed; conviction upheld