R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396

Procedural Posture

Criminal Trial for Manslaughter by Gross Criminal Negligence / Judge Alone Trial; Verdict

Legal Issues

1. 1 ['Whether each accused owed Mrs Shirley Thompson a common law duty of care.' 'Whether either accused negligently breached that duty by failing to care for bedsores, maintain hygiene, procure medical assistance, or provide adequate nutrition and hydration.' 'Whether any breach involved such a high risk of death or really serious bodily harm and fell so far short of the standard of reasonable care that it merited criminal punishment.' "Whether any negligent breach by either accused was a substantial cause of Mrs Thompson's death." "Whether Mrs Thompson's refusal to accept medical attention affected the reasonableness of the accused's conduct."]

Ratio Decidendi

Although each accused owed Mrs Thompson a duty of care, the Crown did not prove beyond reasonable doubt that either accused breached that duty in a criminally negligent way or that any inaction was a substantial cause of death. David's care of the sore and later symptoms was reasonable for an adult son without medical training in light of Mrs Thompson's longstanding and capable refusal of medical attention. The evidence did not show Phillip knew enough soon enough to require different action, and any failure in the final days was not proved to have caused death because sepsis may already have taken hold. The allegations concerning nutrition and hydration were unsupported because Mrs...

Court Disposition

Verdict of not guilty in respect of each accused.

Orders

• ['Verdict of not guilty in respect of David Thompson.' 'Verdict of not guilty in respect of Phillip Thompson.']