R v Stone and Dobinson
People who take a relative into their home and attempt to care for her may assume a duty of care, breach of which can found manslaughter.
Facts
Mr Stone, who was partially deaf, almost blind and of low intelligence, lived with his partner, Ms Dobinson, who was also of limited ability. Mr Stone's sister, Fanny, who suffered from anorexia nervosa, came to live with them. Over time she became bedridden and unable to care for herself. Ms Dobinson made some attempt to wash her and give her food, but they did not call a doctor, and Fanny died in squalid conditions. They were convicted of manslaughter.
Legal principle
The Court of Appeal upheld the convictions. By taking Fanny into their home and making some attempts to care for her, they had assumed a duty of care towards her, which they breached by failing to summon help or care for her properly. The court held that the breach was grossly negligent, because they had been indifferent to an obvious risk to her health. The case has been criticised because of the defendants' limited abilities.
Related cases on Actus reus and omissions
- Airedale NHS Trust v Bland [1993] AC 789
- DPP v Santana-Bermudez [2003] EWHC 2908 (Admin)
- Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
- R v Dytham [1979] QB 722
- R v Evans (Gemma) [2009] EWCA Crim 650, [2009] 1 WLR 1999
- R v Gibbins and Proctor (1918) 13 Cr App R 134
- R v Instan [1893] 1 QB 450
- R v Khan and Khan [1998] Crim LR 830
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
