R. v. Tutton

R. v. Tutton

SCCInfoBox
case-name = R. v. Tutton and Tutton
heard-date = November 10, 1987
decided-date = June 8, 1989
full-case-name = Her Majesty the Queen v. Arthur Thomas Tutton and Carol Anne Tutton
citations = [1989] 1 S.C.R. 1392
docket= 19284
history = judgment for Tutton and Tutton (Ontario Court of Appeal)
ruling = Appeal was dismissed and new trial ordered.
Majority= Wilson J.
Join Majority=Dickson C.J. and La Forest JJ.|

"R. v. Tutton and Tutton", [1989] 1 S.C.R. 1392 is a famous decision of the Supreme Court of Canada on the mens rea requirements for criminal offences related to manslaughter. The Court was split three to three over whether two parents, believing that their diabetic child was cured by God, are guilty of manslaughter for intentionally failing to give the child his insulin.

*There were a total of nine judges on the bench, six of which were assigned to the Tutton and Tutton case.

Background

Carol Anne Tutton and Arthur Tutton were the parents of five-year-old Christopher Tutton who died on October 17, 1981.

The Tuttons were deeply religions and believed in faith healing. They believed that Divine intervention could miraculously cure illnesses beyond the power of modern medicine.

In April 1979, the family physician diagnosed Christopher as diabetic. Mrs. Tutton believed that she had had a vision of God in which she was told that Christopher had been cured and no more insulin was needed. Mrs. Tutton stopped the insulin injections on October 14, 1981. October 17, 1981 Christopher was taken to the hospital and pronounced dead on arrival due to complications of diabetic hyperglycemia.

ee also

* "R. v. Creighton"

External links

* [http://www.lexum.umontreal.ca/csc-scc/en/pub/1989/vol1/html/1989scr1_1392.html full text from Supreme Court Reports]


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