Omission Cases Flashcards
Pitwood
Railway crossing keeper left the crossing gates poem and left for lunch. This resulted in the death of those crossing the track. The D was guilty of manslaughter due to the duty he had.
Larsonneur
French woman deported from England to Ireland. They sent her back to England handcuffed to a police officer. Charged with illegally entering the uk. She argued her conduct was not voluntary but as it was a state of affairs crime she was guilty
Gibbins and Procter
Father and his parter starved their 7yr old child. Both found guilty of murder as father had a automatic duty to protect her and his partner had a voluntary duty to protect her.
Stone and dobinson
Stone and his girlfriend looked after stones sister. They neglected her and failed to get medical help. She died of blood poisoning. They were guilty of manslaughter as they voluntarily owed a duty of care.
Khan
D supplied heroin to a new and inexperienced user. She collapsed and died. They were not convicted of manslaughter as they did not have a duty to care as they only supplied drugs.
Evans
Mother and half sister gave daughter heroin. They saw she was ill and let her die. Mother was guilty of manslaughter as she has an automatic duty. Half sister also guilty as she had a voluntarily assumed duty to care when she gave the drugs.
Dytham
A PC on duty committed an offence when he knowingly failed to intervene when the victim was thrown out of a nightclub and beaten to death by a bouncer.
Miller
D lived in a squat. He fell asleep smoking. When he wake the house was on fire. He made no attempt to put it out and just went back to sleep. D was convicted of recklessly causing damage by omission as he failed to minimise the risk he caused.
Santana Bermudez
Policewoman asked if D had any sharps on him before searching. D said no. But when she searched she was injured by a needle. D convicted of ABH as he failed to warn the officer of danger.
Fagan
Fagan told to pull over by police on foot. As he did he unknowingly parked on the officers foot. Fagan then refused to move the car once he knew that he was on the officers foot. Eventually he did move but he was convicted of assaulting the police officer in duty. Once he realised he was on the officers foot he had the men’s rea as the actus reus was continuing. Developed men’s res secured the liability for the assault.
