Actus Reus (omissions) Flashcards
What are the 6 duty of care situations?
Special relationships Voluntary assumption of care Contractual duty Statutory duty of care Duty through ones official position Creating a dangerous situation
Which case demonstrates that a parent has a duty of care towards their child?
Gibbins V Proctor 1918
What was Gibbins V Proctor 1918 about?
This was about a parent and his lover who failed to look after their 7 year old daughter Nelly by starving and isolating her
Which act did parental responsibility become statutory under ?
Children and Young Persons Act
Which case showed that husbands and wives have a special relationship ?
R V Smith 1979
What was R V Smith 1979 about?
Wife was giving birth to stillborn, told husband not to get help and he complied , by the time she changed her mind it was too late and she died
What is the second duty of care?
Voluntary assumption duty of care
Duty can either be express or implied. What is the difference?
Express- actually taking care of someone (feeding, bathing them etc)
Implied- through conduct - someone going to live with someone who needs care. If they live in the same house and eat their food, even if they don’t care for them they are living with them and may therefore be a duty of care (instan 1893)
What was R V Stone and Dobinson about?
Fanny stayed with his brother and his lover. She refused to get out of bed and developed bed sores which became infected with maggots
Stone and Dobs were of low intelligence and made a half - hearted attempt to help her but failed to get medical help and Fanny died
Guilty of GNM - there was an assumed duty of care
What is the third duty of care?
A contractual duty of care
The contractural duty of care duty is owed to anyone who may be affected not just who ?
The parties to the contract
Which case demonstrated s contractual duty of care?
Pittwood 1902
What was Pittwood 1902 about?
This was about a man employed by a railway company to operate the level crossing. He opened the gate but then omitted to closing it. A vehicle passed through and was struck by a train. Person killed. Pittwood convicted of manslaughter.
What are some other examples of failure In contractual duty of care?
R v Singh
R v Adomako
What is the fourth duty of care situation?
Statutory duty to act
What are drivers expected to do which is statutory duty to act?
Stop at red lights
Failing to disclose terrorist info is an offence under which act?
S.19bof the Terrorism Act 2000
You have to stop after being in a traffic accident under which act?
S170 Road Traffic Act 1988
Which act creates liability for allowing the death of a child or vulnerable adult ?
Domestic violence, Crime and Victims Act 2004 (s5)
Under the Domestic violence, Crime and Victims act 2004, D will be guilty if what?
- D is a member of the same household and is in frequent contact with V
- if there was a significant risk of serious physical harm
- either D was a person who caused V’s death or D was aware or ought to have been aware and failed to take reasonable steps to protect v
Although every crime usually requires a positive act, how many and what kind of situations are there where an omission will do ?
There are 6 duty of care situations
An offence of DVCVA can be committed by what?
Any member of the household
Members of the household who may not be living in the house but visits so often and for such periods that it would be reasonable to consider them a member of the household then they are a member
If v lives in different households at different times - household refers to that in which v was living in at the time of act causing the death
cannot be under 16
Which case demonstrates statutory duty to act ?
R v Mujuru 2007
What was R V Mujuru 2007 about ?
Mujuru left her baby alone with Stephens who had a known history of violence towards the baby , she was charged under s5 of the DVCVA 2004
Which statutory duty can you be liable under if you fail to feed and clothe your legal child ?
S1 of the Children and Young persons act 1933
What is the fifth duty of care situation?
A duty though ones official position
Which case demonstrates a duty through ones official position?
Dytham 1979
It is a rare situation
What was Dytham 1979 about?
Dytham was a police officer who witnessed a fight which lead to deaths , did not do anything to intervene and said he was off duty
What is the sixth duty of care situation?
The defendant who creates a dangerous situation
It is possible to incur criminal liability if what?
You fail to prevent or minimise the harmful consequences of your own actions
Which case demonstrates a dangerous situation with arson?
R v Miller 1983
What was R v Miller about ?
He was smoking in a bed which set fire when he fell asleep. He woke , saw the fire but then just moved to another room and did not put it out or even seek help. He does not have to be a hero but should’ve taken reasonable steps to prevent damage
Which case was about drugs and dangerous situations?
R v Evans 2009
What was R V Evans 2009 about ?
Evans gave Townsend drugs who then became obviously Ill. Evans and her mother failed to seek medical help and put her to bed hoping she would recover, she didn’t and she died
What was Fagan v MPC 1969 about ?
D ran over a policeman’s foot and then omitted to remove it. He said it wasn’t a battery because you couldn’t have a battery through omission at this time but then it was decided it was a continuing act of running it over in the first place and staying there, this is an offence
Which case demonstrates creating a dangerous situation through omitting to declare sharp thing in pocket?
R v Santana Bermudez 2003
What was R V Santana Bermudez 2003 about ?
D failed to declare sharp needle in pocket when police asked - police proceeded to put hand in pocket and then be pricked by needle
Which case suggested that it should be a duty to seek medical help?
Khan and Khan 1998
What was Khan and Khan 1998 about?
This case was about a defendant supplying heroin to a new user who took it in their presence and then collapsed - they left her alone and then by the time she got back to v , v had died
Which case said that enuthanasia is a positive act therefore unlawful?
DPP V Pretty 2002
