R v. CHEPE KALANGALI(1973) LRT 77 failure of discharging duty of care
In this case the accused failed to take care of the deceased child who was in his custody and who was suffering from cold . As a resultant exposure to cold hastened the death of the deceased. The court Held: Mzanva. J ( As he was then was) the accused was found of being guilty of manslaughter within the meaning of 203 of the penal code. He observed that for a person to be guilty of manslaughter by negligence there must be a proof of that he had duty of care , that he failed to discharge thereby causing the death of the deceased. So from this principle that led to the development pf law of ngligence is that breach of duty is a crime.
Comments
Post a Comment