CASES Flashcards
what happened in Pittwood (1902) 19 TLR 37?
D was a gatekeeper at a railway. He had opened the gate to allow a cart through and then forgotten to close it. Another cart was hit by a train and the train driver was killed.
D was liable for manslaughter based on his failure to perform his contractual duty to close the gate.
what happened in Gibbons &Amp; Proctor (1918) 13 Cr App R 134
Gibbons & Proctor (1918) 13 Cr App R 134: failure to feed liable for murder
what happened in Evans (Gemma) [2009] EWCA Crim 650?
Failure to summon medial aid when daughter overdosed on heroin liable for gross negligence manslaughter
However may not extend to adult children:
what happened in Stone & Dobinson [1977] QB 354 (CA)?
V came to live with her brother (S) and his partner (D). V suffered from anorexia nervosa and became increasingly unwell and eventually became bedridden. S & D did nothing to help her. She died and they were convicted of gross negligence manslaughter;
Duty arose where D undertook the care of a person who by reason of age or infirmity was unable to care for themselves
what happened in Miller [1983] 2 AC 161 (HL)
Facts:
D was drunk an fell asleep with a lighted cigarette in a house where he was staying
When he woke he discovered the mattress was on fire
He moved into another room – did nothing to stop the fire
Procedure:
Was charged with arson (criminal damage by fire) and convicted
CA: dismissed appeal – conviction upheld
HL: certified question because CA dismissed appeal
what was the result of Miller [1983] 2 AC 161 (HL) ?
D did something where (inevitably) created a dangerous situation and becoming aware of it he failed to take steps to avert it.
An omission
what happened in Evans [2009] EWCA 650?
D was V’s half sister.
D supplied V with heroin which she injected and became unwell but D did not realise that.
D did not summon any medical attention which resulted to V’s death.
what was the result of Evans [2009] EWCA 650?
c
