Facts
- Evans gave her sister some heroin, which was then self-administered
- Following symptoms of overdose, Evans failed to summon medical attention
Issue
- Was this gross negligence manslaughter?
Decision
Reasoning
- Although the injection was the voluntary act of the victim, a duty to take care of the victim was present, and breached by omission
- It is for the judge to decide whether there is a duty of care present and what that duty is
- It is for the jury to decide whether that duty has been breached, and if so, whether that breach is serious enough to be labelled as a crime
