Omissions Flashcards
R v stone and Dobinson
FACTS
Stones elderly sister came to live with the defendants when she became ill and unable to care for herself. Over the next few weeks her condition became worse and she died of blood poisoning. The ds where of low intelligence and didn’t seek medical attention
R v stone and Dobinson
LEGAL PRINCIPLE
Duty through assumed responsibility- the ds where found guilty of gross negligence manslaughter as their failure to care for V satisfied the actus reus
r v pitwood
FACTS
DS jobs where to shut the gate At a level crossing when a train passed one day he forgot and a hay-cart ran into a train killing a person and injuring another
r v pitwood
LEGAL PRINCIPLE
duty through contractual agreement - D was guilty of manslaughter as his failure to act was in breach of his contractual duty
r v dytham
FACTS
a police officer was off duty and on a night out when he witnessed a violet attack but didnt act or intervene and drove away
r v dytham
LEGAL PRINCIPLE
Duty due Ds public position. D was found guilt of ‘wilfully and without reasonable excuse, neglecting to preform his duty’
r v gibbins and proctor
FACTS
gibbins and proctor where living which gibbins daughter nelly (7) and their other children. Nelly was kept upstairs and starved to death. there was evidence proctor ‘ hated nelly and cursed her’. gibbins gave all his wages to proctor and it was her duty to buy food
r v gibbins and proctor
LEGAL PRINCIPLE
duty to act because of a special relationship - duty to act extends to loco parentis (in place of a parent). both found guilty of murder
r v miller
FACTS
D had been out drinking. he went back to the house he had been staying at and fell asleep with a lighted cigarette in his hand. he awoke and saw a small fire ha dstarted. he got up and went to sleep in another room. D was found guilty of criminal damage.
r v miller
LEGAL PRINCIPLE
Duty to act as D has created a dangerous situation and failed to act. D owes this duty when he realises he has created a dangerous situation
