A person who drives away a drug-affected, virtually comatose individual in circumstances where others intended to take that person to hospital, and instead takes them home and leaves them unattended, voluntarily assumes a duty of care and may be convicted of manslaughter by criminal negligence if the person dies. The applicant's own contemporaneous statements, the presence of vomit in the vehicle, and her reaction of surprise at learning of the death were sufficient to establish beyond reasonable doubt that the deceased was alive when driven away.
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