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KembaraXtra-Case Law-Senior (1899) - Unlawful Act Manslaughter
Case Facts:
Case Facts:
- Defendant (D) was a member of a religious sect.
- D refused to seek medical assistance for his sick child.
- The child died as a result of the illness.
- Whether D's failure to seek medical assistance for his child constituted unlawful act manslaughter.
- The court held that D was guilty of unlawful act manslaughter.
- Unlawful Act: The unlawful act was the willful neglect of the child.
- Causation: This unlawful act (neglect) caused the child's death.
- Definition of "Wilfully" (per Lord Russell CJ):
- "Deliberately and intentionally, not by accident or inadvertence..."
- Definition of "Neglect" (per Lord Russell CJ):
- "The want of reasonable care - that is, the omission of such steps as a reasonable parent would take, such as are usually taken in the ordinary experience of mankind."
- This case illustrates how a failure to act (omission) can constitute an unlawful act for the purposes of unlawful act manslaughter.
- The standard of care expected of a parent is that of a "reasonable parent" in similar circumstances. This is an objective test.
- The neglect must be "willful," meaning deliberate and intentional.
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