R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396

Supreme Court New South Wales

Medium Neutral Citation: R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396 Hearing dates: 8-11 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Verdict of not guilty in respect of each accused. Catchwords: CRIMINAL PROCEDURE – trial – judge alone – manslaughter by gross criminal negligence – alleged failure of adult sons to exercise reasonable care for elderly mother – duty of care owed by accused to dependent mother – mother's refusal to accept medical attention – breach of duty not proved Legislation Cited: Crimes Act 1900 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Hunter and New England Area Health Service v A (2009) 74 NSWLR 88 R v Edwards [2008] SASC 303 The Queen v Lavender (2005) 222 CLR 67; [2005] HCA 37 R v Williamson [1972] 2 NSWLR 281 R v Thomas Sam (No. 17) [2009] NSWSC 803 Category: Principal judgment Parties: Regina David Thompson Phillip Thompson Representation: Counsel: J Tunks (Crown) A Evers (David Thompson) J Manuell SC (Phillip Thompson)

Solicitors: Director of Public Prosecutions (Crown) Sydney Criminal Lawyers (David Thompson) Legal Aid NSW (Phillip Thompson) File Number(s): 2018/138130 2018/138112 Publication restriction: No