R v Stone and Dobinson

Facts

Stone, who was partly deaf, nearly blind and of low intelligence, lived with Dobinson and with his sister Fanny. Fanny kept to her room and became helpless. They tried, ineffectually, to find a doctor. She was found dead in squalor. She had needed urgent treatment.

Issue

When does assuming care of a helpless adult create a duty whose gross breach is manslaughter?

Held

Both were convicted. The jury had to be sure that the accused had undertaken the care of a person who could not care for herself, that there was gross negligence in that duty, and that the negligence caused the death.

Principle

Once care of a helpless person is undertaken, gross neglect of that duty can be manslaughter.

Why it matters

It is both an omissions case and a gross-negligence manslaughter case.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.