R v Broughton [2020]

1. Facts:

• Scenario: D’s girlfriend took drugs and subsequently died. D failed to call medical services despite recording her deteriorating condition over a 5-6 hour period.

• Key Issue: Whether D’s failure to call for help was an operating and significant cause of V’s death, given she had a 90% chance of survival had help been called.

2. Outcome:

• Decision: The conviction for gross negligence manslaughter was overturned. The court found that the failure to call medical services, while contributing to the outcome, did not meet the threshold of operating and significant cause necessary for liability.

3. Impact and Analysis:

• Operating and Significant Cause: The decision reflects the difficulty in proving that a failure to act constituted an operating and significant cause of death in gross negligence cases.

• Legal Critique: The case suggests a potential need for reform in how causation and the significance of omissions are evaluated in gross negligence manslaughter, highlighting issues with the current legal standards.