R v Instan
R v. Instan (1893) 1 QB 450 is an English criminal law case, relating to actus reus, and the duty of care for their live-in relatives.
Facts
The defendant lived with her aunt aged 73 years. The aunt was healthy until shortly before her death. During the last 12 days of her life she had gangrene and could not fend for herself, move about nor summon help. Only the defendant knew of this condition. She appeared not to have given her aunt any food nor did she seek medical or nursing help,[1] but continued to live in the house and eat the aunt's food.[2] Eventually the aunt died. She was charged with manslaughter and convicted.
Judgment
The niece was found guilty of manslaughter, on the basis that she had accepted her aunt's money in order to make payment concerning the food items, yet was not entitled to "apply it all for her own use". This generated a duty of care from the niece towards the aunt. The intentional neglect of the aunt was consequently a crime. Lord Coleridge CJ wrote that despite the lack of statute or precedent, it would be "a slur on justice" were the niece's behaviour to go unpunished.
“It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.”
See also
Notes
External links
- Bailii.org, a free online database for English and Irish legal materials.
