Duty to mitigate harm done and save life

Court of Appeal, Criminal Division Published April 7, 2009 Regina v Evans (Gemma) Before Lord Judge, Lord Chief Justice, Lord Justice Moore-Bick, Mr Justice Calvert-Smith, Mr Justice Christopher Clarke and Mr Justice Holroyde Judgment April 2, 2009 For the purposes of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought to have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking reasonable steps to save the other’s life. The existence or otherwise of such a duty of care was a question of law, whereas the question whether the facts established the…

Full Article