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Law A2 > Omissions > Flashcards

Omissions Flashcards

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1
Q

What is the general rule of omissions?

A

There is no general duty on us to act unless a person is under a legal duty to take positive action.

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2
Q

What two exceptions to the general rule are there?

A

Duty imposed by a statue

Duty imposed under the common law

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3
Q

What two cases are associated with duty imposed by a statue?

A

Lowe (1973)

Mujuru (2007) CA

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4
Q

What happened in Lowe (1973)?

A

Defendant of low intelligence failed to call doctor when 9 week-old was ill, she died from dehydration and emaciation.

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5
Q

What was Lowe (1973) convicted of?

A

Convicted of manslaughter and wilful neglect under Children and Young Persons Act 1933, CoA quashed manslaughter conviction, no mens rea.

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6
Q

What happened in Mujuru (2007) CA?

A

Defendant left child alone with partner who she knew had a violent history, he killed the child while she was at work.

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7
Q

What was Mujuru (2007) CA convicted of?

A

Convicted of familial homicide under the Domestic Violence Crime and Victims. Jury was entitled to conclude that by going to work and leaving baby in his care she failed to take reasonable steps to protect her daughter.

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8
Q

What are the five aspects of duty imposed under the common law?

A

Duty imposed by a contract
Duty imposed by public office
Where there is a special relationship between the parties
Duty arising from the assumption of care of another
Duty arising from the creation of a dangerous situation

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9
Q

What two cases are associated with duty imposed by a contract?

A

Pittwood (1902)

Adomako (1994) HL

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10
Q

What happened in Pittwood (1902)?

A

Defendant failed to close crossing gate when he went to lunch, a man driving a hay-cart was killed.

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11
Q

What was Pittwood (1902) convicted of?

A

Defendant was convicted of manslaughter due to failure to carry out his contractual duty.

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12
Q

What happened in Adomako (1994) HL?

A

Anaesthetist failed to notice breathing tube become disconnected during an operation. Patient died due to brain damage.

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13
Q

What was Adomako (1994) HL convicted of?

A

Convicted of manslaughter.

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14
Q

What is the case associated with Duty imposed by public office?

A

Dytham (1979) CA

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15
Q

What happened in Dytham (1979) CA?

A

A police officer witnessed a man get kicked to death by three men and did nothing to intervene.

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16
Q

What was Dytham (1979) CA convicted of?

A

Convicted of ’misconduct whilst acting as an officer for justice’.

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17
Q

What are the two cases associated with a special relationship between parties?

A

Gibbins and Proctor (1918) CA

R v Instan (1893) CA

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18
Q

What happened in Gibbins and Proctor (1918) CA?

A

Failed to feed man’s 7 year-old child, she died from starvation.

19
Q

What were Gibbins and Proctor (1918) CA convicted of?

A

Both convicted of murder.

20
Q

What happened in R v Instan (1893) CA?

A

Defendant lives with aunt who had gangrene, only person who knew, failed to get food or medical assistance, She died.

21
Q

What was R v Instan (1893) CA convicted of?

A

Convicted of manslaughter.

22
Q

What is the case associated with Duty arising from the assumption of care of another?

A

R v Stone and Dobinson (1977) CA

23
Q

What happened in R v Stone and Dobinson (1977) CA?

A

Took in Stone’s anorexic and infirm sister, made feeble and unsuccessful attempts to seek medical help. She died.

24
Q

What were R v Stone and Dobinson (1977) CA convicted of?

A

Convicted of manslaughter.

25
Q

What are the two cases associated with Duty arising from the creation of a dangerous situation?

A

R v Miller (1983) CA

R v Evans (2009) CA

26
Q

What happened in R v Miller (1983) CA?

A

A squatter lit a cigarette and fell asleep, He woke up and found the mattress on fire but just moved to a different room.

27
Q

What was R v Miller (1983) CA convicted of?

A

Convicted of arson.

28
Q

What happened in R v Evans (2009) CA?

A

Defendant supplied drugs to sister (16), she self-injected and became very ill. Neither D nor mother called emergency services. She died.

29
Q

What was R v Evans (2009) CA convicted of?

A

Both convicted of manslaughter.

30
Q

Briefly explain special relationship between parties.

A

Where there is a relationship between parties, recognise members of families owe duties to each other.

31
Q

Briefly explain duty arising from the assumption of care of another.

A

A duty is owed when you voluntary choose to take care of another, may be expressed or implied.

32
Q

Briefly explain duty arising from the creation of a dangerous situation.

A

When someone created a dangerous situation, they have a duty to act to put a stop to that danger.

33
Q

How else can an omission be classed?

A

As part of a continuing act

34
Q

Briefly explain omissions being classed as part of a continuing act.

A

The concept of a continuous act can be used to allow what seems to be an omission to be treated as an act for criminal liability.

35
Q

What case is associated with omissions being classed as part of a continuing act?

A

Fagan v Metropolitan Police Commissioner (1969) Div Court QBD

36
Q

What happened in Fagan v Metropolitan Police Commissioner (1969) Div Court QBD?

A

Fagan drove onto police officers foot, refused to move, Eventually did move.

37
Q

What was Fagan v Metropolitan Police Commissioner (1969) Div Court QBD convicted of?

A

Convicted of assault.

38
Q

What two cases are associated with Release from duty?

A

R v Smith (1979)

Airedale NHS Trust v Bland (1993) HL

39
Q

What happened in R v Smith (1979)?

A

Defendants wife has a stillbirth. Hated doctors, wouldn’t let him call one. Finally gave permission but she died.

40
Q

What was R v Smith (1979) convicted of?

A

Defendant was discharged as his wife’s wishes released him from his duty to act.

41
Q

What happens in Airedale NHS Trust v Bland (1993) HL?

A

Tony Bland was crushed in the Hillsborough football tragedy, in a persistent vegetative state for three years, petitioned to have his life supporting medical treatment withdrawn.

42
Q

What are the three evaluations are criticisms of Omissions (with cases)?

A

It is not always easy to decide if a duty exists or not—Khan and Khan (1998)
Decisions are frequently made on a case-by-case basis - R v Evans (2009)
When does a duty cease to exist? - R v Smith (1979), R v Bland (1993)

43
Q

What are the arguments in favour of creating a general duty of care?

A

It is morally unjustifiable for the courts to allow people to ignore a drowning child as long as they are complete strangers and uncut no liability.
It encourages a greater sense of moral responsibility.
Other countries like France have a ‘Good Samaritian’ law.

44
Q

What are the arguments against creating a general duty of care?

A

Imposition on out individual freedom of choice to act.
Practical difficulties in implementing it, e.g. who’s liable in a crowd of people if a child is drowning.
How much risk is the recused expected to take? Or they make the situation worse?
At what age would general duty be imposed?
Unfair on individuals who are not competent or intelligent enough to be capable of carrying out the duty.

Law A2 (9 decks)

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