“Voluntary assumption of care creates criminal duty toward vulnerable adults”
Stone and Dobinson lived together and cared for Stone's elderly sister Fanny, who suffered from anorexia nervosa. Despite her deteriorating health and obvious malnourishment, they failed to summon medical assistance or social services. Fanny died from malnutrition in appalling conditions.
Whether the defendants owed a legal duty of care to the deceased and whether their omission to act could constitute the actus reus for manslaughter
The Court of Appeal upheld the manslaughter convictions. A duty of care arose from the defendants' voluntary assumption of responsibility for Fanny's welfare.
This case clarified that criminal liability for omissions can arise from voluntary assumption of responsibility, extending beyond traditional relationships like parent-child. It remains a leading authority on duty situations in homicide cases.
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OSCOLA Citation
R v Stone and Dobinson [1977] QB 354 (CA)
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