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  Home > Law > Law glossary > Law glossary

R v Stone and Dobinson (1977)

Last modified: Thu Feb 23 16:37:37 2006

This case (Stone and Dobinson [1977] QB 354 Court of Appeal) demonsrates how a duty of care may be assumed, even where there is no formal duty.

Stone's sister lived with Stone and Dobinson. The sister was anorexic, and although ill she refused to leave her room to seek medical attention. Stone and Dobinson made some effort to care for the sick woman, but did not call the medical services. Eventually she died. Stone and Dobinson were convicted of manslaughter. The essence of their appeal was that, first, they had no legal duty of care to the sick woman and, second, there prosecution could not demonstrate that `recklessness' necessary to support a conviction of manslaughter. The Appeal Court ruled that on the first point the accused had assumed a duty of care, by allowing the sick woman to live in their home and making no other arrangements for her. On the second, the court ruled that `indifference to an obvious risk' did constitute recklessness.

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