Читать книгу Criminal Law - Mark Thomas - Страница 90

An example of an express duty can be seen in the case of R v Nicholls (1874) 13 Cox CC 75, where the defendant agreed to assume care of the victim, her granddaughter, upon the passing of the victim’s mother. The victim was neglected and died as a result. The defendant was charged with and convicted of gross negligence manslaughter as a result of her failure to care for the victim with an express agreement to do so. Brett J directed the jury as follows:

If a grown up person chooses to undertake the charge of a human creature, helpless either from infancy, simplicity, lunacy, or other infirmity, he is bound to execute that charge without (at all events) wicked negligence, and if a person who has chosen to take charge of a helpless creature lets it die by wicked negligence, that person is guilty of manslaughter.

Nicholls did not owe a duty simply because she was the victim’s grandmother; instead, the duty arose due to the assumption of care.