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The People (DPP) v O'Brien Unreported, CCC, 13th June 1997

Samuel T. Cogley · 2018-02-04 12:51:30

"[T]here lies upon a man, who is cohabiting with his wife and who is the mother of his children, a duty to have reasonable care for her health and welfare. ... [W]here a husband and wife are co-habiting ... and where they can be said to be dependant upon one another for some or all of the normal comforts associated with…

04-02-2018 12:51pm

#1

Samuel T. Cogley

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"[T]here lies upon a man, who is cohabiting with his wife and who is the mother of his children, a duty to have reasonable care for her health and welfare. ... [W]here a husband and wife are co-habiting ... and where they can be said to be dependant upon one another for some or all of the normal comforts associated with marriage - where there is a relationship even if it is a flawed relationship - the one spouse does owe a duty of care to the other. ... [T]he duty extends to spouses who are cohabiting and does not necessarily extend to spouses who are separated and removed from each other."

So I was going to post this in the Students forum but it's kind of interesting form all angles so I'll post it here. My questions are

(i) Why is there a big long discussion of this in the IC Criminal Manual - does it come up?

(ii) How would this be interpreted today with gay marriage

(iii) does it apply to 'separated' spouses under the same roof

(iv) The Judgement is clearly about married couples and the Constitution on Family would back this up, but what other relationships exist between partners now? Civil partners, length of time together etc.

Not homework, thankfully, just musing.

Edit: Sorry should have said this is in the context of omission manslaughter.

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