R v Evans
[2009] EWCA Crim 650
Subject:
Duty of care – drugs supply – gross negligence manslaughter
Facts-The victim here was a drug addict.
-The victim's half sister obtained drugs from a dealer and supplied them to the victim.
-The victim overdosed and died as a result.
Evans was charged and convicted of gross negligence manslaughter.
Holding
The Court of Appeal held that Evans owed a duty of care to the victim to seek help for her. The duty owed was to counteract the situation which Evans had created by supplying the drugs. The appeal against conviction was dismissed.
Rules
-When a person dies after taking drugs, the supplier cannot be guilty of unlawful act manslaughter, but can, following the rule in Evans, be guilty of gross negligence manslaughter if they fail to "counteract the situation" which they have "created".
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