Acteus Reus: Omissions

• When did the case of r v pitwood occur?


  1902
• What is the principal of law used in the case of r v pitwood?

  Contractual duty
• What happened in the case of r v pittwood?

  Someone died as a result of Pitwood neglecting to close a gate to a rail-way crossing
• When did the case of r v dytham occur?

  1979
• What was the principal of law in r v dytham?

  Duty through official position
• What happened in the case of r v dytham?

  An officer went off duty when seeing a man getting thrown out of a club and being assualted by the security.
• What was the outcome of r v dytham?

  The officer was guilty of misconduct in public office as he he had neglected to perform his duty.
• When was the case of r v gibbins and proctor?

  1918
• What was the principal of law used in r v gibbons and proctor?

  Duty through relationship
• WHat happened during r v gibbons and proctor?

  Both parents neglected to feed their child. This happened even though the child's step mother was given money to buy the child food, but she never used it for that purpose.
• What was the outcome of r v gibbons and proctor?

  Both parents were found guilty of murder. The mistress (proctor) was found guilty too as she took on the role of being the child's mother by being Gibbons' mistress.
• When did r v stone and dobinson occur?

  1977
• What principal of law was used in r v stone and dobinson?

  Voluntarily undertaken duty
• What happened in the case of r v stone and dobinson?

  An ill older relative was taken in by the siblings, one of the siblings took care of the relative so a duty of care was established. But the relative died in their care, she wasnt fed properly.
• What was the out come of r v stone and dobinson?

  The two of them were found guilty of manslaughter via death by malnutrion because they didnt fulfill the duty of care that was established.
• When did r v miller occur?

  1983
• What legal principal was used in r v miller?

  Duty from chain of events set
• What happened in r v miller?

  The defendant, a random squatter, fell asleep with a liyt cigarette, woke up with the matress on fire and failed to stop it by leaving.
• What was the outcome of r v miller?

  The defendant was found guilty of arson under section one of the criminal damage act 1971, because he started a fire and neither did he try and stop it nor did he tell others of the danger.
• When did the case od dpp v santana bermudez occur?

  2003
• What legal principal was used in the case of dpp v santan bermudez?

  Automatism
• What happened during the case od dpp v santan bermudez?

  A police officer was searching a criminal. However Santana, the defendant, failed to tell his colleauge, the police officer, that there was a needle in the criminal's pocket. The police officer was pricked, and infected with hepatitis C.
• What was the outcome of DPP v santana bermudez?

  Santana (the police officer) was found guilty, as they failed to tell their colleague of the needle. However, it was quashed because Santana's act didnt qualify as assault.
• When was the case of r v lowe?

  1973
• What was the legal principle used in the case of r v lowe?

  Duty through relationship
• What happened in the case of r v lowe?

  Lowe was a parent of a child, the child was ill and malnourished, and died in Lowe's care.
• What was the result of the case of r v lowe?

  Lowe was found guily of manslaughter because he breached the duty of vcare that he had over the child.
• when did the case of r v bland occur?

  1993
• What principal of law was used during the case of r v bland?

  Doctrine of necessity, as they stopped the patient care in their 'best interests'
• What happened in the case of Bland?

  Withdrawal of life-sustaining treatment from a patient in a persistent vegetative state without court approval, even though it was in the patient's best interests
• What was thew outcome the case of bland?

  There was not a guilty or not guilty, as this is not a criminal case- instead a legal decision for the court. However, the withdrawal of life support was allowed.
• How can a statute become an omission?

  Many statutes make it in offence to fail to do something, creating a duty to act.
• What is an example of a statue?

  Road traffict act 1998, it makes it an offences to fail to stop and gie details in connection with a road traffic accident that invlves personal or property damage.