General principles

Question 0

R v Gibbins

Answer 0

Special relationship (father+father’s cohabiter and child) gives rise to liability for omissions

Question 1

R v Stone

Answer 1

Assumption of responsibility –> liability for omissions

Question 2

R v Smith

Answer 2

Special relationship between husband and wife giving rise to liability for omissions (NB first instance decision only)

Question 3

R v Pittwood

Answer 3

Contractual duty to act –> liability for omission

Train gatekeeper case

Question 4

R v Miller

Answer 4

Liability for omissions where the defendant created a dangerous situation

Question 5

R v Moloney

Answer 5

Teat for indirect intent: (a) was the consequence virtually certain to occur from the defendant’s act (or omission)? (b) if so, did the defendant himself foresee the consequences as virtually certain to occur?

Question 6

R v Cunnigham

Answer 6

Recklessness test requires that the particular defendant foresaw the risk and went on to take it (subjective test)

Question 7

Thabo-Meli v R / R v Le Brun

Answer 7

Coincidence of AR and MR