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#crime #law #omissions
R v Gibbons & Proctor (1918) 13 Cr App R 134 FACTS: Gibbons lived with his girlfriend, Proctor, together with his child, Nelly, and Proctor's children from a previous relationship. Gibbons gave Proctor money for food for the family.. Proctor deliberately starved Nelly to death. HELD: The Court of Appeal noted that Gibbons was living in the same house as Nelly. It said he must have been aware of the condition of his daughter, who was little more than a skeleton when she died. If he did not see her, then that is evidence from which the jury could have decided he did not care what was happening to her and had the mens rea for murder. Gibbons was convicted of his daughter's murder based on breach of his duty as a father not to neglect her. Proctor was convicted on the basis that she had a duty to look after Nelly as she had accepted charge of her.
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