R v Gibbons and Proctor [1918] 13 Cr App R 134

Court of Appeal (Criminal Division)

Facts: D and his wife neglected to feed D’s child from a previous relationship, leading to the child's death.

Issue: The major question was whether the failure to fulfill a legal duty of care, resulting in the child's death, could sustain a conviction for murder rather than manslaughter?

Held: The Court of Criminal Appeal upheld the murder convictions. The court found that the intentional failure to fulfill the legal duty to care for the child directly led to her death. The case highlighted the importance of both moral and legal obligations in family relationships, especially when financial support is provided for the care of dependents.

Key Judicial Statement: Lord Alverstone CJ emphasized, "The father was under a clear legal duty to provide for his child, and the omission of that duty was tantamount to an unlawful act."