R v B R (CO 50/2016) [2018] SCSC 8111 (13 March 2018)

R v B R (CO 50/2016) [2018] SCSC 8111 (13 March 2018)

The accused, as child minder, owed a duty of care to the 6-month-old child and was specifically instructed to feed only provided foods. She breached this duty by feeding a prohibited mixture, resulting in choking, aspiration, and death. Her actions constituted gross negligence, going beyond ordinary negligence, and justified criminal liability for manslaughter.

Citation
[2018] SCSC 8111
Parties
Prosecution: The Republic; Accused: B R
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 March 2018
Case Number
CO 50/2016
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Conviction
Legal Topics
Manslaughter, Gross Negligence, Duty of Care, Child Protection
Source Language
English
Criminal Law Manslaughter Gross Negligence Duty of Care Child Protection

Case Brief

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Parties

The Republic

Prosecution

B R

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused owed a duty of care to the deceased child
  2. 2 Whether the accused breached the duty of care by negligently feeding the child
  3. 3 Whether the breach of duty caused the death of the child

Ratio Decidendi

The accused, as child minder, owed a duty of care to the 6-month-old child and was specifically instructed to feed only provided foods. She breached this duty by feeding a prohibited mixture, resulting in choking, aspiration, and death. Her actions constituted gross negligence, going beyond ordinary negligence, and justified criminal liability for manslaughter.

Court Disposition

Conviction

Orders

  • The accused B R is found guilty of manslaughter and convicted as charged.