Omissions Flashcards
What is legal principle
Law for everybody. Law imposes criminal liability where there is fault
Name duty of care situations
Special relationships Voluntary assumption of care Contractual duty Statutory duty A duty through ones official position Creating a dangerous situation
What is a special relationship
A parent has a duty for there child
What act made a parents responsibility become statutory
Childs and young person act which extended to teachers although more likely assumed duty
Who else owes special relationship
Husbands and wives
Special relationship case
R v gibbins and proctor
Between gibbins and nelly for omitting to feed his child and therefore murdered his child
Proctor and nelly assumed duty of care
Special relationship between husbands and wives
R v smith
Manslaughter of wife because she didn’t want help, hence shows when a duty of care can be terminated, only if a rational decision and capable of making own fate
When is a voluntary assumption of care
A duty is owed by anyone who voluntary undertakes care for someone through age, illness ect
A duty can be expressed eg
When someone actually takes care of someone eg bathes, feeds them
When else can there be a voluntary duty of care
When it is implied through conduct by going to live with someone who needs care by living in the house
Case which shows implied duty of care
Instan
How can someone be liable by assumed duty
If v has relied on d and then latter fails to help
Assumed duty of care case
R v stone and dobbinson
Manslaughter of sister
Why did stone and dobinson have assumed duty of care
They knew fanny was relying on them and failed to help her by taking limited but ineffective steps to help her
What is public policy
Government protecting and promoting good behaviour by the public
When does a contactual duty of care apply
If ones contract of employment specifies certain obligations, failure to act can lead to criminal liability
Examples for who might occur contractual
Medical staff, emergency services, life guards
Example of contractual duty of care
R v pittwood
Man employed by railway, omitted to close the gate
A duty is owed to anyone who may be affected
Statutory duty of care
An omission situation in statute
Example of terrorism statutory
Failure to tell police information about terrorist activity under s19 of terrorism act
Another example of statutory to do with cars
Road traffic act s170 must stop if involved in an accident
An example of a statutory which has been imposed because of how hard it is to prove offences
Domestic violence, crime and victims act s5 for allowing the death of a child or vulnerable adult
When will someone be guilty under domestic violence, crime and victims act
Is d is a member of the same household and is in frequent contact
If there was significant risk of physical harm
If d was the person who caused v’s death, was aware or ought to have been aware and failed to take reasonable steps to protect v
When can someone be not statutory duty for domestic violence crime and victims act
If under 16
Example of statutory duty of care under domestic violence crime and victims act
R v mujuru
Left with abusive husband who was known to be violent
She failed to take reasonable steps and ought to be have been aware
Which act also imposes statutory duty of care on parents
S1 children and young persons act
Duty to feed and clothe child
What type of offence is an omission though ones official position
A common law offence but rare situation
Example case of a duty through ones official position p
Dytham
Showed misconduct can be committed through an omission
When is someone criminally liable for creating a dangerous situation
By failing to prevent of minimise the harmful consequences of your own actions
Case for dangerous situation
R v Miller
Started a fire but failed to put it out
He had a duty of care to take reasonable steps to prevent further damage
What does the law not require you to be in terms of taking reasonable steps
A hero
Drugs case showing a dangerous situation
Evans
Gemma who lived with half sister 16, provided her heroin addict sister with heroin. Knew she had overdosed but did not contact emergency services
Gross negligence leading to manslaughter as created dangerous situation and should have reasonably known it would be life threatening
Case showing creating a dangerous situation and performing battery through an omission
Fagan v mpc 1968
Ran over police mans foot and refused to move car
Battery can be committed by an omission using the continuous act theory allowing the actus Reus to be fulfilled
Another case showing battery though omission by s and s
R v Santana Bermudez
Police officer stabbed by hypodermic needle despite v knowing that he had a needle in his pocket
Showed widening use of omission to include battery and assault
Further case demonstrating duty of care
Khan and khan
Defendant supplied heroin to new user who collapsed he took
There can be a duty to summon medical assistance and can be liable for failing to do so this shows duty of care can expand
Releasing of duty of care from a special relationship
R v smith
Manslaughter of wife because asked not to do so, by time she wanted it was too late
Shows duty of care can be terminated if someone is rational and is capable of deciding their own fate
Terminating duty of care from contractual
Airedale nhs trust v bland
Pvs doctors applied to court for duty of care to be terminated
Situations where a duty of care can be terminated as shown in bland if in best interest
Must obtain declaration from court
A full investigation
Pvs
