R v Broughton [2020] EWCA Crim 1093

Court: Court of Appeal (Criminal Division)

Facts: D's girlfriend overdosed on drugs at a festival, and D failed to seek medical attention.

Issue : Did D’s (Broughton) failure to seek medical help for his girlfriend, who was a competent adult and voluntarily took the drugs, amount to gross negligence manslaughter?

Held: D was acquitted because causation could not be established beyond reasonable doubt.

Key Judicial Statement: Lord Burnett CJ stated, "It was not enough that there was a possibility of life being saved; the prosecution had to establish beyond doubt that, had Broughton acted, the deceased would have survived."

💡Levelup : While some may argue that the jury should have been allowed to determine whether Broughton’s failure to act likely caused the death, the court's decision was grounded in established legal principles concerning the duty of care, particularly in the context of a competent adult's voluntary actions.