Criminal Law Essay Example | Topics and Well Written Essays - 2000 words - 13

Criminal Law - Essay Example Such a duty of care arises as a result of the law. The question whether the facts of a case establish the existence of the duty of care is to be determined by the jury. If the duty’s existence is disputed, the jury ought to be directed that if certain facts are established, then in law a duty would arise. Existence of other facts would negative the duty ( Husak,1987). The Court of Appeal dismissed an appeal by Gemma Evans against her conviction at Swansea Crown Court. The Lord Chief Justice, giving the judgment of the court, upheld the conviction of the appellant. The court found that the appellant, together with her mother, was convicted of manslaughter by gross negligence following the death of her half-sister, Carly, who was aged 16, who had injected herself with heroin which was supplied by the appellant. Carly developed symptoms similar to those of heroin overdose but the appellant and the mother failed to seek medical assistance as they feared that they themselves would all get into trouble. They thus decided to put Carly to bed, hoping that she would somehow recover which she never did and was found dead the following morning due to heroin poisoning. The appellant had remained at the house from the time when her half sister injected herself, throughout the evening and night. She had also witnessed the signs of the effect of the drug injected by Carly and that she realized that her half sister’s condition was dire. The appellant and her mother also thought that they were responsible for the care of Carly after her taking heroin. The question was whether the appellant was under a duty to take reasonable steps for the safety of Carly once she realized that the drug she had procured for her was having a potentially deadly impact on her health. This was despite the fact that their relationship lacked the features of familial duty or responsibility which marked her mother’s relationship with Carly, when omission