Key Cases and their points of law. Flashcards
R v Khan & Khan [1998] Crim LR 830
In this case the court held that the Defendants (who were drug dealers) were not liable for the manslaughter of a woman even though they had failed to take steps to help her when she overdosed and fell unconscious after taking drugs they had supplied to her. As the Defendants were not under any legal duty to act, they could not be liable in respect of their omission.
R v Senior [1899] 1 QB 283 and R v Gibbins & Proctor (1918) 13 Cr App R 134
A parent is has a duty to act with a child.
R v Instan [1893] 1 QB 450; R v Stone & Dobinson [1977] 1 QB 354; and R v Ruffell [2003] EWCA Crim 122.
Where D voluntarily assumes the care of V who cannot care for himself adequately (e.g. because he is sick/disabled/a child) and V becomes reliant on D‟s assistance, D will owe him a duty.
R v Miller [1983] 2 AC 161 and R v Evans [2009] EWCA Crim 650
Where D creates a dangerous situation, D is considered to have a duty of to act.
