Appeal against manslaughter conviction dismissed

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Thursday, April 02, 2009
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This is SouthWales

FIVE top judges today dismissed an appeal by a young Llanelli woman who was jailed for manslaughter after failing to call for medical help for her half-sister who died from a heroin overdose.

Gemma Evans and her mother Andrea Townsend were found guilty of the manslaughter of 16-year-old Carly Townsend through gross negligence at Cardiff Crown Court last year.

An appeal against conviction by Evans, now 26, who is serving a four-year sentence, was rejected by a panel of judges in the Court of Appeal in London, headed by Lord Chief Justice Lord Judge.

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.

No appeal was brought by Townsend, who was jailed for two years.

The Crown Court heard that both Townsend and Evans knew that the teenager had taken heroin and Evans had given the Class A drug to her.

The girl was put to bed in the recovery position at the family home in Pwll, in May 2007, to "sleep off" the effects of the drug and was later found dead.

Lord Judge, announcing that the 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".

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