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Heroin death jail appeal rejected Heroin death jail appeal rejected
(about 21 hours later)
The Court of Appeal has dismissed an appeal by a woman who failed to call for medical help while her half-sister was dying of a heroin overdose.The Court of Appeal has dismissed an appeal by a woman who failed to call for medical help while her half-sister was dying of a heroin overdose.
Gemma Evans, 26, from Llanelli, was jailed for four years for manslaughter through gross negligence of her teenage sister Carly Townsend.Gemma Evans, 26, from Llanelli, was jailed for four years for manslaughter through gross negligence of her teenage sister Carly Townsend.
Her mother Andrea Townsend was also found guilty and jailed for two years.Her mother Andrea Townsend was also found guilty and jailed for two years.
Their trial in May 2008 heard the pair has watched TV downstairs instead of calling for an ambulance for Carly, 16.Their trial in May 2008 heard the pair has watched TV downstairs instead of calling for an ambulance for Carly, 16.
A panel of five judges, headed by Lord Chief Justice Lord George, rejected Evans' appeal at the Court of Appeal in London. A panel of five judges, headed by Lord Chief Justice Lord Judge, rejected Evans' appeal at the Court of Appeal in London.
They said she was "under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly".They said she was "under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly".
It is rare for a conviction challenge to be heard by five judges, except in cases which raise issues of major legal and public importance and require a clarification of the law.It is rare for a conviction challenge to be heard by five judges, except in cases which raise issues of major legal and public importance and require a clarification of the law.
Sleep offSleep off
Townsend did not appeal against her conviction.Townsend did not appeal against her conviction.
Cardiff Crown Court heard the pair both knew the teenager has taken heroin and Evans had given her the Class A drug.Cardiff Crown Court heard the pair both knew the teenager has taken heroin and Evans had given her the Class A drug.
Carly Townsend was put to bed in the recovery position at the family home in Pwll, Llanelli in May 2007 to "sleep off" the effects of the drug .Carly Townsend was put to bed in the recovery position at the family home in Pwll, Llanelli in May 2007 to "sleep off" the effects of the drug .
Her mother and Evans then went to watch Emmerdale on TV, and the teenager was found dead the next morning.Her mother and Evans then went to watch Emmerdale on TV, and the teenager was found dead the next morning.
During the appeal hearing in February, Ian Murphy QC argued on behalf of Evans that the trial judge wrongly rejected the submission by the defence that there was no case to answer.During the appeal hearing in February, Ian Murphy QC argued on behalf of Evans that the trial judge wrongly rejected the submission by the defence that there was no case to answer.
At the hear of the appeal, he said, lay the issue of "duty of care".At the hear of the appeal, he said, lay the issue of "duty of care".
Gemma Evans (left) and her mother Andrea TownsendGemma Evans (left) and her mother Andrea Townsend
Mr Murphy said the submission of no case to answer was made "on the basis that the prosecution had failed to adduce evidence capable of establishing that the appellant owned a duty of care to the deceased".Mr Murphy said the submission of no case to answer was made "on the basis that the prosecution had failed to adduce evidence capable of establishing that the appellant owned a duty of care to the deceased".
He argued that the result of the trial judge's decision was to "permit the jury to enlarge the class of person by whom and to whom a duty of care is owed."He argued that the result of the trial judge's decision was to "permit the jury to enlarge the class of person by whom and to whom a duty of care is owed."
The barrister said if the appeal failed, Evans would "occupy the lonely position of being the only person in this jurisdiction" to be convicted of gross negligence manslaughter "on the basis that as the supplier of heroin to a person who subsequently dies, she owed a duty of care to summon medical assistance to that person".The barrister said if the appeal failed, Evans would "occupy the lonely position of being the only person in this jurisdiction" to be convicted of gross negligence manslaughter "on the basis that as the supplier of heroin to a person who subsequently dies, she owed a duty of care to summon medical assistance to that person".
But Lord Judge, the Lord Chief Justice, announced that Evans' conviction was not unsafe, ruled that Evans was "under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly".But Lord Judge, the Lord Chief Justice, announced that Evans' conviction was not unsafe, ruled that Evans was "under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly".
He said "On our analysis there was a plain case to answer.He said "On our analysis there was a plain case to answer.
"On the facts actually found by the jury on the supply issue, and the undisputed facts, in our judgement the appellant was under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly."On the facts actually found by the jury on the supply issue, and the undisputed facts, in our judgement the appellant was under a plain and obvious duty to take reasonable steps to assist or provide assistance for Carly.
The appeal court judge added: "The jury was sure, both in law and in fact, on this point. So, as a matter of law, are we."The appeal court judge added: "The jury was sure, both in law and in fact, on this point. So, as a matter of law, are we."