Omissions

Question 1

R v gibbons n procter

Answer 1

Farther of v lived with partner. They kept v separate and deliberately starved her to death.
Held they had a duty of because of a relationship, omission to feed v was enough for the AR for murder.

Question 2

R v stone n Dobinson

Answer 2

Stones sister cake to live with D. She failed to eat and died of malnutrition. G of Manslaughter.
Held it was a duty through voluntary assumption, duty was to help her themselves or summon other sources

Question 3

R v Instan

Answer 3

D cared for V. D locked v in room and failed to feed her resulting in her death. G of Manslaughter
Held duty of voluntary assumption

Question 4

R v dytham

Answer 4

D a police officer on duty saw v been thrown out of club in which 3 men beat him to death. D took no steps to intervene. Convicted of misconduct in a public offence
Held a duty through ones position

Question 5

R v winters

Answer 5

D’s stored fireworks but had no licence for storage or to sell. They set off accidentally in container, fire dep shows and v who works for dep filmed fire and died. G of GNM
Held a duty through a dangerous situation

Question 6

Santa Bermudez v dpp

Answer 6

Policewomen before searching D’s pocket asked if he had any needles in pocket. D said no but officer was stabbed by needle. Convicted of a.47 ABH.
Held duty through a dangerous situation

Question 7

Airedale nhs v bland

Answer 7

V was crushed at hilsborough disaster and was in PVS.
Hospital withdrew treatment and substance of water and food, they did not accelerate death.
Duty of doctors

Question 8

R v pitwood

Answer 8

D employed by railway company to man gate at level crossing. D lifted gate to allow cart through but failed to close it killing train driver. D liable for death.
Held duty arising from contractual obligations

Question 9

R v admako

Answer 9

D an anaesthestist in charge of v during operation and failed to notice oxygen pipe had became disconnected causing V to die. G of GNM.
Held a duty arising from contractual obligations

Question 10

Donoghue v Stevenson

Answer 10

V found decomposed snail in bottle of her drink ad suffered injuries.
Held neighbour test ‘ you must take reasonable care to avoid tasks which you can be reasonably foresee would be likely to injur your neighbour.

Question 11

R v Wacker

Answer 11

D a driver of lorry carrying 60 illegal immigrants, d closed only air vent resulting in 58 deaths. G of GNM.
Held duty arising from joint enterprise

Question 12

R v willoughby

Answer 12

D owned pub and set fire to it which caused v to die. G of GNM.
Held it was a duty of joint enterprise