Omissions Flashcards
People v Beardley
Facts: D was drinking at his house with mistress A. A gets D’s co-worker B to get morphine tablets. A conceals them from D, but is seen putting something in her mouth by D and B. D knocks some away but she takes some. About an hour later D calls B requesting to take A to neighbour C’s basement (A unresponsive, D too drunk to help). D asks C to take care of A until morning. Later, C becomes alarmed and calls doctor. A pronounced dead.
Held: Conviction set aside. No legal duty by D towards A (the omission of which would involve criminal liability).
Reasons:
- If a person who sustains legal relation of protector (parent, husband) and knows they’re in peril, and wilfully and negligently fails to make reasonable + proper efforts to rescue without jeopardizing own life or lives of others, guilty of manslaughter by omission
- Eliminate all mere moral obligations: was there a legal duty here?
- No: nothing like husband/wife. More analogous to two guy friends hanging out.
R v Browne
Facts: D and V are drug dealers and have close relationship. 11pm: House searched by cops for drugs, V swallows bag of crack. 11:30: released, fails to throw up bag, they drive around town to warn about raid. 12:00-1:00: go back to D’s home, D’s brother noticed nothing unusual about V’s behaviour. 2:00am: V is sweating/shaking. D says “I’m going to take you to the hospital”. Calls taxi, they drive to hospital. D doesn’t initially say V did crack, but then admits she did. V had no heartbeat at arrival, pronounced dead at 3:10.
Held: There was no undertaking by D within s. 217, so no duty of care from D to V. Therefore, no breach contrary to s.219 of code (criminal omission).
Reasons:
- Must have a high minimum threshold for s. 217 “undertaking” because it could carry a maximum penalty of life.
- Undertaking: The mere expression of words indicating a willingness to do an act cannot trigger the legal duty. There must be something in the nature of a commitment, generally, though not necessarily, upon which reliance can reasonably be said to have been placed.
