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R v Willoughby

[2005] 1 WLR 1880

Case summary last updated at 11/01/2020 14:56 by the Oxbridge Notes in-house law team.

Judgement for the case R v Willoughby

 A man burned down his pub so as to avoid paying the mortgage and a person dies. He was convicted of manslaughter after the judge directed that on account of his ownership the jury may infer that he had a duty of care. He appealed that this was a misdirection. The CA conceded this, but said that where there was evidence suggesting a duty of care, it was for the jury to decide if it existed. The fact that he stood to gain (financially) from burning the pub down meant he had a duty not to kill in the process. 

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