CLARKSON AND KEATING CRIMINAL LAW: TEXT AND MATERIALS SEVENTH EDITION By C.M.V. CLARKSON B.A, LL.B., LL.M. Professor of Law, University of Leicester H.M. KEATING Lum. Senior Lecturer in Lav, University of Sussex S.R. CUNNINGHAM L-.s., LL.M., Ph.D. Lecturer in Law, University of Leicester ‘SWEET & MAXWELLPublished in 2010 by Thomson Reuters (Legl) Limited (Repistered in England & Wales, Comary No 1679046. 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No pact ofthis publication may be reproduced or transmitted in any form or by any means, or stored in ey retrieval system of any nature without prio written permission, except or permitted fair dealing under tho Copyright, Designs and Patents ‘ct 1986, or in accordance with the terms ef a cence issued by the Copyright Ucensg ‘Agency in espect of photocopying ander repograghc reproduction. Application for 2 ‘permission for other use of copyright material including permission to reproduce extracts & in other published works shal be mac to the publishers Ful acknowiedgement of § ‘author, publisher and source must be given oe CMY. Claro HM Keating SR. Cunaingham 2010) The aim ¢ theoretic The cri the way i Judges ar criminal criminal L the blam attempts, ‘minimal « up by the of desert the two si should In how the k reality, substanti why conde the law. Like me attemptec have atter Ideas und: relationsh offences doing inve criminal stantive ru The crir rewritten ¢ control [fe (replacing these ares common t immense i Manstaugt96 The General Principles of Criminal Liabiity etn gen et Of Sok sui nthe ong an, through ineutabe ase, misapyy sera deneral respect for aman ite anc sofort ...On general consequential goons Rise {nink that Socety wil be benefited by absolutly miaimizing legitimate exceptions tee rohit Seino. erefore, concerning the issue of euthanasia, whenever appropiate humantane, ‘eal achieved equally by passhe rather than active meang Aadcitionally, there are many objections of a more practical nature to ny idea of Introducing Subs to act If a large crow watches someone drown, woul they al be able? How ma ms be given? After dragging 3 drowning person from the see, would one be under » duty i pectve of risk of disease) and then drive the rescued ‘ow much danger would the rescuer be expected 2 pat objection to any attempt to introduce a general duty to act Is that it will nét ud Sot eee Possible to establish causation In stuations other than those where at present there ko acl Pecos! R- v Stone and Dobinson [1977] 1 Q.8. 354 (Court of Appeal, Criminal Di The facts appear from the judgment of Geoffrey Lane LJ. GEOFFREY LANE Li: a {ihe two appellants were convicted of manslaughter and now appeal against conviction. Stone horgekeeper/mistess, Dobinson, admitted Stone's younger sister, Fanny, aged El, to tne Nouserole {Fann was eccntric in many ways. She was moridly and unnecessary ebay about pulgon 50 denied hersef proper meals. She would take to her room for days, [Jnere can be no doubt that Fa U hadi seen anything tke that bette ‘essed. And so was the mattress. 1 wast Tages Bon conse” les. Sha was a, her Back, shoulders ett and coun below Pa legs. Mrs Dobinson appeared to me to be upset because Fanny had never tt her attend 10 Ret ‘cise Mrs Dobinson to ge to the social senfces! Emily West, the Ucensee ofthe local public house, the Crossad Daggers, gave evidence to the eet {the whole of the period, from July 19 onwards, the appellants came to ti ‘pam. The appeliont Dobinson was worrled and told Emily West that Foor managing the sumer thensels)wos neue (On August 2, 1975 Fanny was found by Dobinson to be dead! in her bed. ‘The potice were called. On foun there was o venation the bedroom = Une ie bed tos ane eee neice {there was no foad, washing or toilet facilities in the room. There was ‘excrement on the bed and flog Stee of eet Cagsoton ‘f repair Ube; ane ewe ht ta ceed was roles ena wea fhe pounds, her Boy gained with air, hing n'a pel af coerent eee ae ew ‘corresponding with the position in which her body was tying. At the mortuary, Dr Usher found the