R v Bowditch [1998]

1. Facts:

• The defendant, Bowditch, met a woman at a nightclub.

• They went to the beach together, where the woman accidentally fell into the sea.

• Instead of attempting to assist her, Bowditch walked away, leaving her to drown.

2. Outcome:

• Bowditch was convicted of gross negligence manslaughter.

• The court found that he had a duty of care towards the woman due to their joint engagement in a risky activity.

3. Impact and Analysis:

• Duty of Care in Risky Enterprises: The case established that when individuals undertake risky activities together, they implicitly assume a duty of care towards each other.

• Gross Negligence Manslaughter: Bowditch’s conviction emphasised that failing to act in a life-threatening situation, when one has willingly engaged in a risky enterprise, can result in gross negligence manslaughter.

• Legal Precedent: The ruling highlighted that criminal liability can arise from a failure to uphold this duty, reinforcing the principle that participants in joint risky ventures are expected to take reasonable steps to prevent harm to each other.