Case Law R. V. Tutton, [1989] 1 S.C.R. 1392
R. v. Tutton, [1989] 1 S.C.R. 1392
Her Majesty The Queen Appellant
v.
Arthur Thomas Tutton
Respondent
and
Carol Anne Tutton
Respondent
indexed as: r. v. tutton
File No.: 19284.
1987: November 10; 1989: June 8.
Present: Dickson C.J. and Beetz*, Estey*, McIntyre, Lamer, Wilson, Le Dain*, La Forest and L 'Heureux-Dubé JJ.
on appeal from the court of appeal for ontario
Criminal law -- Criminal negligence -- Necessaries of life -- Manslaughter -- Diabetic child dying after insulin withdrawn by parents -- Parents ' action motivated by belief that son cured by Divine intervention -- Belief in faith healing part of parents ' religious convictions -- Whether or not parents guilty of causing death through criminal negligence -- Whether or not objective standard or subjective
*
Beetz, Estey and Le Dain JJ. took no part in the judgment.
-2-
standard to be used in determining if wanton or reckless disregard for life or safety of others -Criminal Code, R.S.C. 1970, c. C-34, ss. 197(1), (2), 202(1), 205(1), (2), (3), (4), (5), 219.
Respondents were parents of a five-year-old diabetic. They believed in faith healing but their religious convictions did not prevent them from seeking and acting on medical advice or from taking medicines. As the result of the intentional withholding of prescribed insulin upon the belief that the child had been miraculously cured, the child died.
Respondents were charged with causing their son 's death by criminal negligence in that they denied him the necessaries of life without lawful excuse and thereby committed manslaughter. They raised the defence of an honest although mistaken belief in the existence of a circumstance which would render their conduct non-culpable. Respondents were convicted of manslaughter and appealed to the Court of Appeal which set aside the convictions and directed new trials. This appeal was taken by leave.
Held: The appeal should be dismissed.
Per Dickson C.J.
Her Majesty The Queen Appellant
v.
Arthur Thomas Tutton
Respondent
and
Carol Anne Tutton
Respondent
indexed as: r. v. tutton
File No.: 19284.
1987: November 10; 1989: June 8.
Present: Dickson C.J. and Beetz*, Estey*, McIntyre, Lamer, Wilson, Le Dain*, La Forest and L 'Heureux-Dubé JJ.
on appeal from the court of appeal for ontario
Criminal law -- Criminal negligence -- Necessaries of life -- Manslaughter -- Diabetic child dying after insulin withdrawn by parents -- Parents ' action motivated by belief that son cured by Divine intervention -- Belief in faith healing part of parents ' religious convictions -- Whether or not parents guilty of causing death through criminal negligence -- Whether or not objective standard or subjective
*
Beetz, Estey and Le Dain JJ. took no part in the judgment.
-2-
standard to be used in determining if wanton or reckless disregard for life or safety of others -Criminal Code, R.S.C. 1970, c. C-34, ss. 197(1), (2), 202(1), 205(1), (2), (3), (4), (5), 219.
Respondents were parents of a five-year-old diabetic. They believed in faith healing but their religious convictions did not prevent them from seeking and acting on medical advice or from taking medicines. As the result of the intentional withholding of prescribed insulin upon the belief that the child had been miraculously cured, the child died.
Respondents were charged with causing their son 's death by criminal negligence in that they denied him the necessaries of life without lawful excuse and thereby committed manslaughter. They raised the defence of an honest although mistaken belief in the existence of a circumstance which would render their conduct non-culpable. Respondents were convicted of manslaughter and appealed to the Court of Appeal which set aside the convictions and directed new trials. This appeal was taken by leave.
Held: The appeal should be dismissed.
Per Dickson C.J.
Cited: APPEAL from a judgment of the Ontario Court of Appeal (1985), 18 C.C.C. (3d) 328, setting aside convictions by Salhany Co. Ct. J. sitting with jury and ordering a new trial. Appeal dismissed.