Sammie

Question 1

Does Sammie have a duty of care to Jo

Answer 1

Yes - Sammie has a duty of care because she has created a dangerous situation for her sister (by giving and preparing the drugs)

R v Miller - if one unwittingly creates a dangerous situation they are under a duty to put it right

Question 2

Why is Sammie’s actions grossly negligent

Answer 2

Andrews v DPP

Sammie has broken the duty of care owed to Jo by not ringing her an ambulance, which resulted in her death

Question 3

What does R v Evans show

Answer 3

Guilty of manslaughter for creating dangerous situation (as Sammie has by supplying drugs) and failed to take reasonable steps to avert the danger that was created (didn’t ring ambulance)

Question 4

What does R v Wacker state

Answer 4

Defendant can be grossly negligent even when the victim has consented to the activity (jo was a heroin user so would have consented)

Question 5

What does Adamoko state

Answer 5

Defendant’s breach must be the factual and legal cause of harm (through the gross negligence, jo has died)

Question 6

Conclusion for Sammie

Answer 6

Sammie is criminally liable under gross negligence manslaughter for the death of her sister