Omissions Flashcards
Pittwood
railway gate not shut, man died
LP - liable by omission - manslaughter - contract failed
Adomako
anaesthetist failed to notice disconnected oxygen tube
LP - LBO - gross negligence - manslaughter - contract failed
Dytham
PC on duty watched 3 men kick man to death and walked away
LP - LBO - public duty failed
Stone and Dobinson
agreed to look after elderly sister - she refused to eat and died
LP - manslaughter - caring duty failed
Gibbins and Proctor
D deliberately starved 7 year old child Nelly
LP - LBO - murder - caring duty failed
Dad - automatic duty
Step mum - accepted duty
Miller
D - homeless set room on fire and moved away
LP - LBO - created a danger and failed to stop it
DPP v K
D, 15 year old hid sulphuric acid in hand dryer
LP - LBO - created a danger and failed to stop it
Bermudez
PC searched suspect and needle pricked him which he knew was there
LP - LBO - created a danger - S.47 assault
Matthews and Alleyne
Boy dangled off the bridge and couldn’t swim - died
LP - LBO - created and danger and became liable when V said he couldn’t swim
Khan and Khan
D supplied heroin to a 15 year old girl - she overdosed
LP - in future cases there could be a duty between dealer and user for manslaughter
Evans
D lived with half sister and mum - D overdosed and they failed to call the police
LP - LBO created and danger and failed to stop it
Bland
Hillsborough disaster - no chance of improvement
LP - not LBO as it was in the patients best interest
Lowe - constructive manslaughter
conflicted child
LP - CM quashed as it can not occur where D failed to act