Criminal law- Omissions
Fagan v metropolitan police commissioner
D was sat in his car, he was asked to move and reversed his car onto the police officer's foot and refused to move. he was convicted of assault due to the act of haven drove on to the officers foot and not ceasing the act, this was a continual act of battery
Airedale NHS trust v bland
after the Hillsborough disaster, D was left in a persistent vegetative state and required a feeding tube and full care, the doctors were granted the removal of the tube. the doctors were acting in the best interest of the patient which does not necessarily mean prolonging life, it is lawful to withdraw life-extending treatment just not cause or accelerate death.
Speck
an eight-year-old girl put her hand on the outside of his trousers, he did nothing to encourage or remove her and got an erection. he was guilty of gross indecency
R v Smith
A soldier got into a fight and stabbed another soldier, V was dropped twice en route, and the treatment he received was negligent, he died. held there was no break in the chain of causation, an intervening act must be overwhelming to break the chain.
R v Gibbins and Proctor
gibbins and his partner, proctor, neglected and starved V, Gibbins's child, V died of starvation. gibbins had a duty of care due to being her father and proctor had a moral obligation to care for the child, from which arose a legal duty, which was deliberately left unperformed.
R v Sheppard
mother failed to provide a midwife for her daughter and as a consequence, the daughter died. held there was no duty towards a daughter aged 18.
R v Chattaway
a parent's duty of care to their child may continue after the age of 18, where they are incapable of looking after themselves
R v Hood (kenneth)
The wife had fallen and suffered from multiple broken bones and was left in that condition for about three weeks before help was saught and she died, the wife had been adamant that she did not want treatment. the husband was found guilty of GNM by omission by failing to care for his spouce
R v Instan
D cared for her old aunt. she lived in the house and took food from traders, which she gave none to the aunt, she omitted to procure medical assistance and even conducted conversations with neighbors about the deceased. Instan owed V a duty of care, the failure to get help accelerated the death
R v stone and dobinson
Ds were a couple who took in V, s's sister. V was unable to care for herself. D made some efforts to care for her, however, attempts were not sustained, and V passed away. Ds owed her a duty of care, s was her blood relative, and D had undertaken a duty by washing her and providing food
R v Sinclair, johnson
sinclare and V go to johnsons house to buy some meth, an they both inject, V starts to become very unwell, Sinclair tried to stay with V but does not call for help till the next day. held johnson and v were not friends so there was no legal duty of care. Sinclair was a close friend who paid for and supplied the meth, he owed a duty of care
Ruffell
V took a mixture of heroin and coke and became very unwell. the following morning, ruffell puts V on the step outside his flat and calls his mother who is unable to come get him. he left him outside. he died. held he is a friend who took on the duty of trying to revive him, this was a legal duty.
R v pittwood
D was employed by a railway company to operate a level crossing, he lifted the agte to allow a cart to pass and failed to put it back down when he went on break, a second horse ad card crossed the railway and the driver was killed. D was convicted of manslaughter as he had a contractual duty to close the gate
R v Dytham
D was a police officer who stood by whilst a bouncer kicked a man to death. D left without calling for assistance or summoning an ambulance. D was convicted of misconduct in a public offence which could be committed through an omission.
R v Miller
D spent the night drinking and returned to a property where he was squatting where he fell asleep with a lit cigarette, which started a fire, D took steps to extinguish it and just moved to another room to sleep. he was responsible for having created the dangerous situation. D was under a duty to take action to resolve it once he was aware of the fire.
R v Evans
Evans purchased heroin and gave it to her sister, who self-injected the drug, she overdosed, and they failed to call for medical assistance. held if an individual caused or contributed to creating a life-threatening situation, a consequent duty would normally arise to take reasonable steps to save the person's life.
what is the common law duty to act of special relationship?
Many possible relationships could be considered: parent & young child; adult child and older parent; brothers & sisters; wider family members; spouses; friends
what are some examples of special relationships?
- R v Smith [1979] Criminal Law Review – parent & child; spouses- need to balance the wifes right not to see a doctor against the husbands duty to make a rational decision.
- Gibbins and Proctor (1919) 13 Cr App R 134 - father & child
- Sheppard (1862) 9 Cox CC 123 – no duty to fully grown child
- Chattaway (1924) 17 Cr App R 7 – parental duty may continue after child reaches 18
- R v Hood [2004] 1 CR App R (S.) 73 – spousal duty - Is Smith to be preferred?
what is the common duty to care of assumption of responsibility?
- R v Instan [1893] 1 QB 450 – niece & aunt
- Gibbins and Proctor (1919) 13 Cr App R 134 – lover’s child
- Stone and Dobinson [1977] QB 354– brother & sister, lover & brother’s sister
- R v Sinclair, Johnson [1998] 8WLUK 182
Ruffell [2003] EWCA Crim 122; (2003) 2 Cr App R (S.) 53
Courts often inferring the existence of a duty from a simple act of kindness. Presuming what needs to be established
what is the common law duty to act of duty imposed by contract or official duty?
- Pittwood- essence of his job was to prevent harm, D had both capacity and authority to prevent harm and was in best position to prevent this type of harm
- Rv Dytham [1979] QB 722
what is the common law duty to act where D has created a dangerous situation
R v Miller [1983] 2 AC 161
- R v Evans [2009] 1 WLR 1999
- When a person has created or contributed to the creation of a state of affairs, which he knows, or ought reasonably to know, has become life-threatening, a consequent duty on him to act by taking reasonable steps to save the other’s life will normally arise