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KembaraXtra-Case Law-Stone and Dobinson (1977)
Citation: Stone and Dobinson (1977)
Facts: Stone and Dobinson (S and D) were of low intelligence and were inadequate people. They allowed an ill and unstable relative, who was living in their house, to die without procuring medical attention.
Charge: Manslaughter by gross negligence.
Held: S and D were found guilty of manslaughter.
Legal Reasoning (per Geoffrey Lane LJ):
The Court of Appeal distinguishes between "mere inadvertence" and "indifference to an obvious risk of injury" to establish the required level of culpability for gross negligence manslaughter:
Citation: Stone and Dobinson (1977)
Facts: Stone and Dobinson (S and D) were of low intelligence and were inadequate people. They allowed an ill and unstable relative, who was living in their house, to die without procuring medical attention.
Charge: Manslaughter by gross negligence.
Held: S and D were found guilty of manslaughter.
Legal Reasoning (per Geoffrey Lane LJ):
- Duty of Care: The defendants had undertaken a duty of caring for the health and welfare of the infirm person (by virtue of taking her into their home, and trying to wash her).
- Breach of Duty: The prosecution must prove a breach of that duty in circumstances where the jury is convinced that the defendant's conduct can be described as reckless. This requires a reckless disregard of danger to the health and welfare of the infirm person.
- Standard of Recklessness:
- Mere Inadvertence (Insufficient): Simple carelessness or a failure to appreciate a risk is not enough for gross negligence manslaughter.
- Indifference to Obvious Risk (Sufficient): The defendant must be proven to have been:
- Indifferent to an obvious risk of injury to health;
- Or, actually to have foreseen the risk but to have determined nevertheless to run it.
The Court of Appeal distinguishes between "mere inadvertence" and "indifference to an obvious risk of injury" to establish the required level of culpability for gross negligence manslaughter:
- Mere Inadvertence: A simple failure to notice or appreciate a risk. This implies a lack of awareness.
- Indifference to Obvious Risk: A conscious awareness of a significant risk to the victim's health and a decision to disregard that risk, or a positive acceptance of running the risk. This implies a degree of knowledge and a conscious decision (or lack thereof) that demonstrates a reckless attitude.
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