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R v Instan
1893 case under English criminal law / From Wikipedia, the free encyclopedia
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R v. Instan (1893) 1 QB 450 is an English criminal law manslaughter case confirming how the actus reus of manslaughter can be one of inactive negligence (that is, neglect), as the common law imposes a basic duty of care onto an adult who voluntarily undertakes the regular care of another. Here, the defendant was related to a patient who had gangrene and had in her home the funds for food to maintain both parties. The case's jurisprudential explanations for how the common law is arrived at by such a research and analysis process, not in a vacuum but rather by reference to strong moral obligations. The case has been widely cited by other leading decisions and is one of the many appeal-level decisions that inform the variety of acts and omissions sufficient to amount to the offence of gross negligence manslaughter. That subtly changes very slightly, as society's codes of morality and professional contexts evolve.
The Queen (or R.) v. Instan[1] | |
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Court | Crown Cases Reserved[1] |
Decided | 4 February 1893 |
Citation | (1893) 1 QB 450 |
Case history | |
Subsequent action | None |
Court membership | |
Judge sitting | Lord Coleridge CJ |
Keywords | |
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