Mohammed Kuddus (K) was the owner of a takeaway business, the Royal Spice Indian restaurant in Oswaldtwistle, Lancashire. He also worked there as the chef. Alongside his co-accused, the restaurant manager Harun Rashid (R), K was charged with the gross negligence manslaughter of a 15-year-old girl, Megan Lee (L), who died on New Year’s Day 2017 due to an allergic reaction after she ate a takeaway meal containing nuts from the restaurant two days’ earlier. K and R and appeared before Yip J and a jury at Manchester Crown Court in October 2018. On 30th December 2016, L and her friend had ordered food from the restaurant via the Just Eat website. As they were doing so, a prompt appeared inviting customers to ‘Leave a note for the restaurant’. When that was clicked, a further prompt appeared asking (inter alia) ‘Got an allergy?’ Here, L’s friend typed ‘nuts, prawns’. L had been diagnosed with asthma as a child, and with allergies to nuts when she was 8, but her allergies were believed to be mild. The order (including the comment ‘nuts, prawns’) was received by Royal Spice and was seen by R, but not by K, who was working in the kitchen. The food was prepared and delivered to L and her friend. Despite the comment about L having a nut allergy, the food contained peanut protein. L suffered an allergic reaction, which was mild, at least initially. Shortly afterwards, however, she stopped breathing and her heart stopped. She was taken to hospital in an ambulance but had suffered irreversible brain damage. Two days’ later, life support was withdrawn and she was pronounced dead, with the cause of death a fatal asthma attack precipitated by an allergic reaction to nuts. K and R were both convicted of gross negligence manslaughter (in addition to breaches of the Health and Safety at Work, etc. Act 1974 and the Food Safety and Hygiene (England) Regulations 2013). K appealed against his manslaughter conviction. At trial, he admitted preparing at least part of L’s meal but denied any knowledge of the ‘nuts, prawns’ comment. There were two grounds of appeal:

中文翻译：

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严重过失杀人、餐馆老板和可预见性问题：R v Kuddus [2019] EWCA Crim 837，上诉法院

Mohammed Kuddus (K) 是一家位于兰开夏郡 Oswaldtwistle 的皇家香料印度餐厅的老板。他还在那里担任厨师。与他的同案被告，餐厅经理 Harun Rashid（右）一起，K 被指控犯有严重过失误杀一名 15 岁女孩梅根李（左）的罪名，该女孩因过敏反应于 2017 年元旦死亡两天前，她在餐厅吃了一顿含有坚果的外卖餐。K 和 R 于 2018 年 10 月出现在 Yip J 和曼彻斯特刑事法庭的陪审团面前。 2016 年 12 月 30 日，L 和她的朋友通过 Just Eat 网站从餐厅订购食物。当他们这样做时，出现了一个提示，邀请顾客“给餐厅留个便条”。当它被点击时，会出现一个进一步的提示，询问（除其他外）“有过敏症？” 这里，L 的朋友输入了“坚果，大虾”。L 小时候被诊断出患有哮喘，8 岁时对坚果过敏，但她的过敏被认为是轻微的。订单（包括评论“nuts, prawns”）被Royal Spice 收到并被R 看到，但没有被在厨房工作的K 看到。食物准备好并送到 L 和她的朋友手中。尽管有评论称 L 对坚果过敏，但食物中含有花生蛋白。L 出现了轻微的过敏反应，至少最初是这样。然而不久之后，她停止了呼吸，她的心脏也停止了。她被救护车送往医院，但脑部受到了不可逆转的损伤。两天后，生命支持被撤回，她被宣布死亡，死因是对坚果过敏引起的致命哮喘发作。K 和 R 均被判犯有严重过失杀人罪（除违反《1974 年工作健康与安全等法案》和《2013 年食品安全与卫生（英格兰）条例》外）。K 对他的过失杀人罪提出上诉。在审判中，他承认至少准备了 L 的部分餐点，但否认对“坚果、大虾”评论有任何了解。上诉的理由有两个：