R v Ruffell
A friend who had taken some steps to care for an overdose victim had assumed a duty of care towards him.
Facts
Mr Ruffell and his friend, Mr Lee, took heroin and cocaine together at Mr Ruffell's mother's house. Mr Lee became unwell, and Mr Ruffell tried to revive him, including putting him in a cold bath. He then left Mr Lee outside the house in the cold early in the morning and went back inside. Mr Lee died from the effects of the drugs and hypothermia. Mr Ruffell was convicted of manslaughter.
Legal principle
The Court of Appeal upheld the conviction. There was evidence from which the jury could find that Mr Ruffell owed a duty of care to Mr Lee, because Mr Lee was a guest at the house, they were friends, and Mr Ruffell had taken it upon himself to try to revive him. Having assumed that duty, his failure to summon help and his leaving Mr Lee outside in the cold were capable of amounting to gross negligence.
Related cases on Actus reus and omissions
- Airedale NHS Trust v Bland [1993] AC 789
- DPP v Santana-Bermudez [2003] EWHC 2908 (Admin)
- Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
- R v Dytham [1979] QB 722
- R v Evans (Gemma) [2009] EWCA Crim 650, [2009] 1 WLR 1999
- R v Gibbins and Proctor (1918) 13 Cr App R 134
- R v Instan [1893] 1 QB 450
- R v Khan and Khan [1998] Crim LR 830
Studying criminal law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
