ABSTRACT

This chapter examines the law on homicide as it relates to cases where victim is in the actual custody, charge or care of alleged offender and victim is a person who is vulnerable or has a special dependence on alleged offender. It considers in which circumstances alleged offender should be criminally liable for causing victim's death in such situations. Carl Stychin argues that 'vulnerability could provide both some doctrinal order to a confused legal state, and it gives us a means by which to enrich our understanding of how we conceive of our ethical and legal obligations'. The concept of vulnerability is relevant in relation to parents and children, since a parental duty arises through a combination of a blood or other close relationship and the fact 'that victim's well-being can be said to be dependent on action by alleged offender. A change in law and legal culture is required to vindicate the rights of the vulnerable.