omissions Flashcards
what is the case for ‘duty arising from public office’?
R v Dytham:
D, a police officer failed to intervene when a man was kicked to death.
What are the cases for ‘duty under a contract of employment’?
R v Pitwood:
D, a gatekeeper at a level crossing went on his lunch break and a driver of a pit cart was killed.
R v Adamako:
Anaesthetist failed to notice an oxygen pipe was disconnected during surgery and the patient died.
R v Singh:
Landlord failed to act upon dangerous gas in a house, a tenant died.
What are the cases for duty-‘in loco parentis’?
Stone and Dobson:
Low intelligence individuals looked after anorexic sister for three years who died after she was bed ridden and had blood poisoning
R v Istan:
Failed to get help for aunt, who was unable to move.
R v Evans:
A sister and a mother had a history of heroin addiction, they didn’t seek help when she was overdosing.
What is the case for ‘duty arising through a relationship’?
R v Gibbons and Proctor:
D’s were married and kept G’s daughter seperated from their other children and starved her to death.
What is the case for ‘duty arising where D creates a dangerous situation’?
R v Miller:
D was a squatter who left a cigarette in a room which set fire to a mattress.
