omissions

• what is an omission?

  failure to act when legally required to do so
• why in the UK is there no general duty to act?

  we don't have a good samaritan law
• what are the 6 exceptions where D would be expected to act?

  -statute

  -contractual

  -relationship duty

  -voluntarily assumed duty

  -duty due to one's official position / public duty

  -creating dangerous situation
• what is the statute exception?

  where a statue requires action, it is therefore unlawful not to do so
• give the examples for the statute exception

  -S6 road traffic act 1988 = offence if driver fails to provide breath sample

  -S1 children & young persons act 1933 = offence to wilfully neglect child
• what is the contractual duty exception?

  where failure to fulfil a contract is likely to endanger lives, there is a duty to act
• under the contractual duty exception who is duty owed to?

  anyone who may be affected, not just other parties to the contract
• give the case example for contractual duty

  R v Pittwood 1902
• what occurred in R v Pittwood 1902?

  -D signalman forgot to close gate that was used when trains due

  -person crossed & was killed

  -D convicted of gross negligence manslaughter
• what is the relationship duty exception?

  a duty exists between family members & close friends
• what factor determines how likely the duty will be imposed?

  how close the relationship is
• give the case example for relationship duty

  R v Gibbins & Proctor 1918 CoA
• what occurred in R v Gibbins & Proctor 1918 CoA

  -G father of girl Nelly

  -G living with lover P after wife left him

  -They kept Nelly separate from other kids & purposely failed to feed/ look after her leading to her death

  -G buried her

  -G & P convicted of murder
• what is the legal point of R v Gibbins & Proctor 1918

  relationship duty still applied to P despite her not being blood related to Nelly because she had a duty of care towards her still
• give the case that states relationship duty doesn't extend to drug dealer & customer

  Khan 1988
• give the case that states relationship duty will be applied if drug dealer is a family member or close friend

  Evans 2009
• what occurred in Khan 1988

  -2 druggies sold heroin to 15 year old girl

  -they left her alone when she overdosed & required medical attention

  -she died in their flat

  -found not guilty of gross negligence manslaughter as no relationship duty
• what occurred in Evans 2009?

  -D gave heroin to half sister

  -Sister having overdoes but D did not get medical help in fear of getting in trouble

  -following morning sister found dead

  -D convicted of gross negligence manslaughter as she had a relationship duty towards her sister
• what is voluntarily assumed duty

  If an individual takes on responsibility for another, this places them under a duty to act if they need help
• give the case example for voluntarily assumed duty

  R v Stone & Dobinson 1977
• what occurred in R v Stone & Dobinson 1977?

  -S lived with D

  -S's sister (V) came to live with them

  -V had anorexia & confined to bed until her death because she refused to eat anything other then biscuits

  -S was 67, partly deaf, nearly bind & not intelligent

  -D was 43, ineffectual & somewhat inadequate

  -V died with 2 maggot infested ulcers on hip & knee, in bed of urine & excrement

  -both convicted of gross negligence manslaughter
• what is the public duty / official position exception?

  common law offence to "misconduct in a public office" (failure to do you're job that you've sworn to do)
• give the case example for the public duty / official position exception

  Dytham 1979 CA
• what occurred in Dytham 1979 CA?

  -police officer off duty did not help when saw V getting kicked to death

  -D convicted of misconduct in a public office
• what is the dangerous situation exception?

  -D inadvertently (without MR) commits an act which creates a dangerous situation

  -once aware of dangerous situation D is under a duty to prevent or minimise the harm it causes

  -If D fails to do this they are held liable
• give the case example for the dangerous situation exception

  -R v Miller 1983 HL

  -Santana-Bermudez v DPP 2003 DC
• what occurred in R v Miller 1983 HL?

  -D squatting in house

  -fell asleep with cigarette

  -cig set fire to mattress

  -he didn't try to extinguish fire or call for help

  -he just moved mattress to a different room & went back to sleep

  -house caught fire = £800 damage

  -D convicted of arson
• what occurred in Santana-Bermudez v DPP 2003 DC ?

  -V (policewoman) asked D if he had removed everything from his pockets (he said yes) & if he had anything sharp (he said no)

  -V pricked finger on needle

  -D failed to say if needle had been used (D had HIV & Hep C)

  -D convicted of s47 actual bodily harm
• can a defendant ever be released from a duty to act?

  yes
• give the case example where the defendant was released from duty to act

  R v Smith 1979
• what occurred in R v Smith 1979?

  -D's wife gave birth to stillborn at home

  -She didn't allow him to call a doctor

  -when he finally phoned it was too late (she died)

  -case collapsed as jury could not reach a verdict

  -he was acquitted