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Rex v. Russell

Supreme Court of Victoria
Vict. L.R. 59 (1933)


Facts

Russell (defendant) was charged with murdering his wife and two children by drowning them. At trial, the foreman of the jury asked the judge what Russell would be guilty of if, instead of drowning his wife and two children, Russell stood idly by while his wife drowned the two children and herself. After considering the question, the judge stated that Russell would be guilty of manslaughter if those were the circumstances because Russell had a legal duty to care for his wife and his children. The jury subsequently convicted Russell of three counts of manslaughter. Russell appealed these convictions.

Rule of Law

Issue

Holding and Reasoning (Cussen, C.J.)

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