Actus Reus (omissions)

Question 1

What are the 6 duty of care situations?

Answer 1

Special relationships 
Voluntary assumption of care 
Contractual duty 
Statutory duty of care 
Duty through ones official position 
Creating a dangerous situation

Question 2

Which case demonstrates that a parent has a duty of care towards their child?

Answer 2

Gibbins V Proctor 1918

Question 3

What was Gibbins V Proctor 1918 about?

Answer 3

This was about a parent and his lover who failed to look after their 7 year old daughter Nelly by starving and isolating her

Question 4

Which act did parental responsibility become statutory under ?

Answer 4

Children and Young Persons Act

Question 5

Which case showed that husbands and wives have a special relationship ?

Answer 5

R V Smith 1979

Question 6

What was R V Smith 1979 about?

Answer 6

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

Question 7

What is the second duty of care?

Answer 7

Voluntary assumption duty of care

Question 8

Duty can either be express or implied. What is the difference?

Answer 8

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)

Question 9

What was R V Stone and Dobinson about?

Answer 9

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

Question 10

What is the third duty of care?

Answer 10

A contractual duty of care

Question 11

The contractural duty of care duty is owed to anyone who may be affected not just who ?

Answer 11

The parties to the contract

Question 12

Which case demonstrated s contractual duty of care?

Answer 12

Pittwood 1902

Question 13

What was Pittwood 1902 about?

Answer 13

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.

Question 14

What are some other examples of failure In contractual duty of care?

Answer 14

R v Singh

R v Adomako

Question 15

What is the fourth duty of care situation?

Answer 15

Statutory duty to act

Question 16

What are drivers expected to do which is statutory duty to act?

Answer 16

Stop at red lights

Question 17

Failing to disclose terrorist info is an offence under which act?

Answer 17

S.19bof the Terrorism Act 2000

Question 18

You have to stop after being in a traffic accident under which act?

Answer 18

S170 Road Traffic Act 1988

Question 19

Which act creates liability for allowing the death of a child or vulnerable adult ?

Answer 19

Domestic violence, Crime and Victims Act 2004 (s5)

Question 20

Under the Domestic violence, Crime and Victims act 2004, D will be guilty if what?

Answer 20

• 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

Question 21

Although every crime usually requires a positive act, how many and what kind of situations are there where an omission will do ?

Answer 21

There are 6 duty of care situations

Question 22

An offence of DVCVA can be committed by what?

Answer 22

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

Question 23

Which case demonstrates statutory duty to act ?

Answer 23

R v Mujuru 2007

Question 24

What was R V Mujuru 2007 about ?

Answer 24

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

Question 25

Which statutory duty can you be liable under if you fail to feed and clothe your legal child ?

Answer 25

S1 of the Children and Young persons act 1933

Question 26

What is the fifth duty of care situation?

Answer 26

A duty though ones official position

Question 27

Which case demonstrates a duty through ones official position?

Answer 27

Dytham 1979

It is a rare situation

Question 28

What was Dytham 1979 about?

Answer 28

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

Question 29

What is the sixth duty of care situation?

Answer 29

The defendant who creates a dangerous situation

Question 30

It is possible to incur criminal liability if what?

Answer 30

You fail to prevent or minimise the harmful consequences of your own actions

Question 31

Which case demonstrates a dangerous situation with arson?

Answer 31

R v Miller 1983

Question 32

What was R v Miller about ?

Answer 32

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

Question 33

Which case was about drugs and dangerous situations?

Answer 33

R v Evans 2009

Question 34

What was R V Evans 2009 about ?

Answer 34

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

Question 35

What was Fagan v MPC 1969 about ?

Answer 35

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

Question 36

Which case demonstrates creating a dangerous situation through omitting to declare sharp thing in pocket?

Answer 36

R v Santana Bermudez 2003

Question 37

What was R V Santana Bermudez 2003 about ?

Answer 37

D failed to declare sharp needle in pocket when police asked - police proceeded to put hand in pocket and then be pricked by needle

Question 38

Which case suggested that it should be a duty to seek medical help?

Answer 38

Khan and Khan 1998

Question 39

What was Khan and Khan 1998 about?

Answer 39

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

Question 40

Which case said that enuthanasia is a positive act therefore unlawful?

Answer 40

DPP V Pretty 2002