Smith v Leech Brain & Co Ltd  as an example, if D in a grossly
careless manner causes a relatively minor burn to V's lip and V
subsequently dies of cancer because of the pre-malignant condition of the
lip, can D really be guilty of manslaughter by gross negligence?
It is submitted that the duty of care arises
only if serious injury is foreseeable and that references to risks to the
health and welfare of infirm people are explicable on the basis
that such risks are inevitably serious because of the precariousness of
their health to start with.
This would be consistent with the reference
of Lord Hewart CJ in
Bateman (1925) to 'disregard for the life and safety of others' where
it is strongly arguable that his lordship was referring to safety from
serious injury, not absolute safety from any degree of minor injury.