Omissions cases

The key cases for omissions and the relevant points of law along with brief case facts and the verdict of the case.

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  • Created on: 10-04-11 09:29
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Case Case facts Verdict Point of law
RTA 1988 Failure to give breath/urine/blood specimen when asked n/a Statute imposes a duty
and stop when involved in an accident to exchange
documents is an offence.
Children and Young Failure to provide adequate food, clothing, medical aid and n/a Statute imposes a duty
Persons Act 1933 lodging by a parent or person legally liable to look after a
child is an offence.
Pittwood (1902) Left crossing gates open, man and his horse died. GUILTY of Gross Negligence Contractual duty to act
Manslaughter
Dytham (1979) Police officer, on duty, witnessed an assault and walked GUILTY of misconduct whilst Misconduct in a public office
away. acting as an officer of
justice
Instan (1893) Went to live with her sick aunt and failed to look after/feed GUILTY of Gross Negligence A special relationship gives rise to a duty
her and she died 12 days later. Manslaughter
Gibbons and Proctor Separated off and neglected one child, she died. GULITY of murder A special relationship gives rise to a duty
(1918)
Khan (1998) Two drug dealers supplied 15yr old girl with cocaine and Jury misdirected, conviction A special relationship gives rise to a duty
watched her OD but did nothing to help. quashed
Stone and Dobinson Brother and mistress failed to look after his ill sister, who GUILTY of manslaughter Accepting responsibility gives rise to a
(1977) moved in with them, and she died. duty
Miller (1983) Accidently set fire to bed, but left it and went back to sleep GULITY of arson D causes a dangerous situation
in the bath.
Fagan and MPC D ran over policeman's foot accidently, but refused to move GUILTY of battery D causes a dangerous situation. Judge
(1969) when asked. twisted law saying AR is continuing act.
Bermudez (2003) D failed to tell policewoman he had a needle in his pocket GUILTY of assault D causes a dangerous situation
prior to her searching him.
Matthews and Alleyne D's pushed V off a bridge accidently, but didn't help when it GUILTY of murder D causes a dangerous situation
(2003) became obvious he couldn't swim.
Smith (1979) D's wife gave birth to a stillborn child, but refused medical D discharged Jury unable to agree if wife had released
help and died of complications. him from duty to act.

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Airdale NHS Trust v Hospital took family of a patient to court to turn off life Life support switched off. HofL decided withdrawal of treatment was
Bland (1993) support. legal, further treatment was futile.…read more

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