Legal Studies CasesCRIMEArea Case Result Mens rea (criminal negligence)

R v Thomas Sam (2009)A father and a mother was charged with manslaughter for criminal negligence. The couple rejected medical treatment for their nine month old daughter who suffered from eczema. The parents relied on homeopathic treatment although the child was crying in pain with broken skin oozing fluid.

The court found out;- that the child’s condition was

medically treatable- the parents were ‘educated’ –

father had a higher degree of medical knowledge

- parents found guilt for manslaughter and sentenced to imprisonment (mother 5 years and father 8 years)

Causation R v Munter (2009)Tom Munter was charged with manslaughter after he punched 66 year old Ken Proctor over a dispute regarding water restrictions. Proctor fell to the ground after the punch and Mr Munter kicked him in the midsection with moderate force. Proctor died from a heart attack.

- There was no apparent intention for Munter to kill Mr. Proctor however it was deemed by the courts that Mr. Proctor’s death was caused by the unlawful assault of the accused.

- Munter was convicted for manslaughter and jailed for three years