Omissions Cases Flashcards
Special Relationship: D of low intelligence and other had poor sight, smell and hearing. Fanny had to stay with the pair who failed to care for her, she didn’t want to get fat therefore didn’t eat. Became bed bound with sore infected with maggots. Couple made half heated attempts to help but failed. Fanny dead.
R v Stone and Dobinson
Contractual: D employed to operate rail crossing. Opened gate but failed to close it. Car hit by train and driver was killed.
R v Pittwood
Statutory: D left her 4 month old daughter with partner, who had history of violence, while she went to work. Partner killed child. D failed to take reasonable steps to protect child.
R v Mujuru
Duty through ones official position: on duty police office witnessed fight break out in which V was kicked to death. D took no steps to intervene because he was going off duty
Dythan
Dangerous situation: D fell asleep while smoking, woke up to mattress on fire, did nothing but move to another room to go back to sleep. Took no reasonable steps to prevent situation.
R v Miller
Dangerous Situation: D bought heroin gave it to V who self injected. Later became obvious of overdose yet Ds did not get help fearing they would be in trouble. V then died.
Evans
Continuous Act: D drove onto a policeman’s foot, refused to move.
Fagan V MPC
Dangerous situation: Police woman went to search D’s pockets after asking whether there were any dangerous object inside to which D replied ‘no’. V was injured by a needle and bled.
R v Santana Bermudez
Dangerous situation: D supplied V with heroin who self-injected in their presence and collapsed. They left her only to come back to find her dead. No duty of care between D and V
R v Khan & Khan
Release from duty of care: D failed to get medical help under wife’s instruction after she had given birth to still born child. When mother changed her mind it was too late.
R v Smith
Release from duty of care: hillsborough victim, left in persistent vegetative state, family appealed to court to turn off machines, allowed as it was in the best interests of V
Airedale NHS Trust V Bland
Assumed duty of care: if somebody loves in the same house and eats the same food as you, even if you don’t ‘care’ for them, you would have a duty of care for them
Instan
Special Relationship: Gibbins hit and purposely starved his daughter leading to her death.
R v Gibbins and Proctor
