Crime XXXXXXVII - Involuntary Manslaughter XIII
A
defendant can be charged with gross negligence manslaughter if he or she omits
to do something that ought to be done especially if there is a common law duty
or a statutory duty that compels him or her to do so.
Hence
gross negligence manslaughter is an offence that can be committed by doing
something that the defendant ought not to do or failing to do something that
the defendant ought to do i.e. commission or omission.
In
R v Hood (2003) the defendant failed to take his sick wife to a doctor and
failed to bring her illness to the attention of trained medical professionals.
He allowed his wife to languish for three weeks before he called for an
ambulance. His wife died in the hospital. The husband was charged with murder
and acquitted. He was convicted instead of gross negligence manslaughter.
Whether
the action of the defendant(s) amounts to an omission or otherwise is for a
jury to decide.
In
R v Woods and Hodgson, the defendants carelessly left some ecstasy tablets in a
cigarette packet. One of the neighbor’s children, a ten-year-old child, was in
the habit of going around and playing with the defendants’ baby. The child
somehow got a hold of the cigarette packet and swallowed some of the tablets.
The defendants’ failed to call an ambulance for about an hour and a half and as
a result the child died.
The
defendants were charged with gross negligence manslaughter by way omission but
were found to be not guilty by a jury.
In
R v Willoughby (2004) the defendant, a pub owner was in debt and unable to make
enough money to cover his debts, he employed the deceased to set fire to his
pub so that he could claim the insurance payout. As agreed the deceased went
around to set fire to the pub but while he was doing so there was an explosion
and he died as a result. The defendant was charged and convicted of
manslaughter. The defense appealed on the grounds that the defendant did not
owe the victim a duty of care.
The
appeal was dismissed. It was held that once the judge has decided that there is
enough evidence to establish a duty of care, whether a duty or care exists or
otherwise is for a jury to decide and the jury having so decided, the
conviction must stand.
Copyright
© 2019 by Dyarne Ward
Comments
Post a Comment