Omissions

Question 1

What is legal principle

Answer 1

Law for everybody. Law imposes criminal liability where there is fault

Question 2

Name duty of care situations

Answer 2

Special relationships 
Voluntary assumption of care
Contractual duty 
Statutory duty 
A duty through ones official position 
Creating a dangerous situation

Question 3

What is a special relationship

Answer 3

A parent has a duty for there child

Question 4

What act made a parents responsibility become statutory

Answer 4

Childs and young person act which extended to teachers although more likely assumed duty

Question 5

Who else owes special relationship

Answer 5

Husbands and wives

Question 6

Special relationship case

Answer 6

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

Question 7

Special relationship between husbands and wives

Answer 7

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

Question 8

When is a voluntary assumption of care

Answer 8

A duty is owed by anyone who voluntary undertakes care for someone through age, illness ect

Question 9

A duty can be expressed eg

Answer 9

When someone actually takes care of someone eg bathes, feeds them

Question 10

When else can there be a voluntary duty of care

Answer 10

When it is implied through conduct by going to live with someone who needs care by living in the house

Question 11

Case which shows implied duty of care

Answer 11

Instan

Question 12

How can someone be liable by assumed duty

Answer 12

If v has relied on d and then latter fails to help

Question 13

Assumed duty of care case

Answer 13

R v stone and dobbinson

Manslaughter of sister

Question 14

Why did stone and dobinson have assumed duty of care

Answer 14

They knew fanny was relying on them and failed to help her by taking limited but ineffective steps to help her

Question 15

What is public policy

Answer 15

Government protecting and promoting good behaviour by the public

Question 16

When does a contactual duty of care apply

Answer 16

If ones contract of employment specifies certain obligations, failure to act can lead to criminal liability

Question 17

Examples for who might occur contractual

Answer 17

Medical staff, emergency services, life guards

Question 18

Example of contractual duty of care

Answer 18

R v pittwood
Man employed by railway, omitted to close the gate
A duty is owed to anyone who may be affected

Question 19

Statutory duty of care

Answer 19

An omission situation in statute

Question 20

Example of terrorism statutory

Answer 20

Failure to tell police information about terrorist activity under s19 of terrorism act

Question 21

Another example of statutory to do with cars

Answer 21

Road traffic act s170 must stop if involved in an accident

Question 22

An example of a statutory which has been imposed because of how hard it is to prove offences

Answer 22

Domestic violence, crime and victims act s5 for allowing the death of a child or vulnerable adult

Question 23

When will someone be guilty under domestic violence, crime and victims act

Answer 23

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

Question 24

When can someone be not statutory duty for domestic violence crime and victims act

Answer 24

If under 16

Question 25

Example of statutory duty of care under domestic violence crime and victims act

Answer 25

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

Question 26

Which act also imposes statutory duty of care on parents

Answer 26

S1 children and young persons act

Duty to feed and clothe child

Question 27

What type of offence is an omission though ones official position

Answer 27

A common law offence but rare situation

Question 28

Example case of a duty through ones official position p

Answer 28

Dytham

Showed misconduct can be committed through an omission

Question 29

When is someone criminally liable for creating a dangerous situation

Answer 29

By failing to prevent of minimise the harmful consequences of your own actions

Question 30

Case for dangerous situation

Answer 30

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

Question 31

What does the law not require you to be in terms of taking reasonable steps

Answer 31

A hero

Question 32

Drugs case showing a dangerous situation

Answer 32

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

Question 33

Case showing creating a dangerous situation and performing battery through an omission

Answer 33

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

Question 34

Another case showing battery though omission by s and s

Answer 34

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

Question 35

Further case demonstrating duty of care

Answer 35

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

Question 36

Releasing of duty of care from a special relationship

Answer 36

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

Question 37

Terminating duty of care from contractual

Answer 37

Airedale nhs trust v bland

Pvs doctors applied to court for duty of care to be terminated

Question 38

Situations where a duty of care can be terminated as shown in bland if in best interest

Answer 38

Must obtain declaration from court
A full investigation
Pvs