R v Stone and Dobinson [1997]

1. Facts:

• Stone and his mistress, Dobinson, had a duty of care for Stone’s sister, Fanny, who suffered from mental health issues.

• Fanny’s condition deteriorated significantly over time.

• Despite their awareness of her worsening condition, Stone and Dobinson failed to ensure that she received necessary medical attention.

• Fanny was eventually found dead.

2. Outcome:

• Stone and Dobinson were convicted of gross negligence manslaughter.

• The court determined that their failure to act, despite their awareness of Fanny’s needs and their legal duty to care for her, constituted gross negligence.

3. Impact and Analysis:

• Duty of Care: This case reinforced the principle that individuals who voluntarily assume responsibility for another person’s care have a legal duty to act reasonably to prevent harm.

• Gross Negligence: The conviction was based on the gross negligence standard, emphasising that a significant failure to act, especially when it leads to death, can result in criminal liability.