R v Johnson [1998] EWCA Crim 1643

Court: Court of Appeal (Criminal Division)

Facts: D was a friend of V, who overdosed and was brought to his house. D made minimal efforts to assist V but did not seek help.

Issue : Did D’s omission—his failure to obtain medical assistance for the injured victim—constituted gross negligence sufficient to sustain a manslaughter conviction?

Held: D was acquitted as the court found that he had not assumed a duty of care.

Key Judicial Statement: Lord Phillips MR stated, "The defendant’s efforts, though minimal, did not constitute an assumption of responsibility such that he could be held liable for failing to take further action."