R v Evans (2009) | A-Level Law | Key Case Summaries | Criminal Law скачать в хорошем качестве

R v Evans (2009) | A-Level Law | Key Case Summaries | Criminal Law

Where a defendant created or contributed to the creation of a state of affairs which they knew, or ought reasonably to know had become life threatening, any consequential failure to act which results in harm to the victim may form the actus reus of a criminal offence. #alevellaw #alevellawcasesummaries #alevelcriminallaw VIDEO CHAPTERS CASE SUMMARY Facts: The victim, a heroin addict was given heroin by her sister and mother (the defendants), then self-injected the heroin whilst residing in her mother’s house. It became clear that the victim was suffering from an overdose, but the defendants chose not to seek medical assistance for fear of discovery of the drugs and simply put the victim to bed. The two defendants went to sleep in the same room as her. They both awoke the next day to find that the victim had died and were both prosecuted for gross negligence manslaughter. Outcome: Guilty Legal principle: The mother was under a duty to act as the victim’s parent, however, the sister owed a duty of care to her sister, not due to her family relationship with victim, but rather because she created or contributed to the creation of a dangerous situation which she knew, or ought reasonably to know had become life threatening. The sister was under a duty to take reasonable steps for the safety of the victim once she appreciated that the heroin she procured for her was having a potentially fatal impact on her health.