R v Evans [2009]

1. Facts:

• Defendant: Older sister of the victim

• Action: Provided her younger sister (V) with prohibited drugs.

• Failure: Did not call emergency services when V overdosed.

• Consequences: V died from the drug overdose.

2. Outcome:

• Verdict: Convicted of gross negligence manslaughter.

• Reasoning: The Court of Appeal held that the older sister owed a duty of care to V in these circumstances. Her failure to act by not summoning help when V was in a dangerous situation constituted gross negligence.

3. Impact and Analysis:

• Duty of Care:

◦ Established Duty: The case established that a duty of care can arise in situations where a person’s actions create or exacerbate a dangerous situation, leading to an obligation to take reasonable steps to prevent harm.

◦ Failure to Act: The conviction emphasised that failing to call for emergency assistance, when one has created a hazardous situation, can result in criminal liability if it amounts to gross negligence.

• Legal Implications:

◦ Gross Negligence Manslaughter: Highlights how the law can impose significant responsibility on individuals who create dangerous situations, even if they are not directly responsible for the death.

◦ Precedent: The case set a precedent for how duty of care is interpreted in situations involving drug-related incidents and the responsibilities of individuals in such scenarios.