Stone V Pythony

596 Words2 Pages

The principle of law which the Judge made his decisions on was the facts surrounding the duty of care the appellants had towards Fanny and were they reckless in this manner. Did the appellants breach a duty of care leading to Fanny’s death. This principle of law which the judge made his decision on was to see if the results were fair, just and reasonable. Reasoning/Ratio Decendi
Lord Justice Geoffrey Lane commented saying that there was no dispute relating to the matters concerning the jury on which had to be satisfied before they could convict Stone and Dobinson of Manslaughter. These matters were:
1. Both defendants took on the care for someone who was physically not capable to care of themselves.
2. Regarding to Stone & Dobinson with …show more content…

Coles suggested for the appellants that Fanny cast a duty on her brother Stones and Mrs. Dobinson because of the fact that she became extremely sick and helpless. Mr. Coles stated that the appellants were entitled to reject Fanny from entering their premises. This is an analogous example as, “no duty would be cast upon a man to rescue a stranger from drowning, however easy such a rescue might be”. This was stated at the first ground of appeal. (Vanuata, 2003)
The court rejected that proposition on the fact that Fanny was a blood relative, Mrs. Dobinson attempted to pursue the fact that she washed Fanny and supplied her with food. Although according to evidence the appellants were aware of the very poor conditions Fanny was in and living in. This is known as Mrs. Dobinson entered the room to wash fanny with her next door neighbour, Mrs. Wilson, and saw the state Fanny was in.
In order for the judgement to be made the prosecution must show recklessness on the part of the defendant which is present with the likelihood of serious harm or death in the omission to provide care. Mr. Coles turned to the case of R v Lowe case to determine this decision. This was based on the decision delivered by Phillmore L.J. Coles supported his argument and with this statement as there must be appreciation by the appellant to see the risk of serious harm or death before convicted of murder. (Lexis, 1977) (Vanuata, 2003) (Archive,

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