R v Sinclair [1998] EWCA Crim 3315

Written By Nicolas Heyes

Court of Appeal (Criminal Division)

Tag: Omission

Facts: D allowed his friend to die from a drug overdose at his house and did not summon medical help, despite their close friendship.

Held: D was held liable for manslaughter as the court found he owed a duty of care due to the close relationship.

Key Judicial Statement: Lord Woolf remarked, "Sinclair owed a duty of care to his friend as a result of their close relationship...his failure to summon medical assistance amounted to gross negligence."

Nicolas Heyes
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R v Johnson [1998] EWCA Crim 1643
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R v Gibbons and Proctor [1918] 13 Cr App R 134