Omissions Cases

8 omissions cases for use in an essay or scenario question. 

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Santana-Bermudez v DPP (2003)

He told a policewoman about to search him that he had nothing sharp on him but she then cut herself on a needle in his pocket. Guilty of ABH, duty of care from setting in motion a chain of events.

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Evans (2009)

Evans supplied heroin to her older half-sister, Carly, who self-injected but overdosed. Evans and her mother put Carly to bed then went downstairs to watch Emmerdale. Carly died. Convicted of gross negligence manslaughter, mum liable from close relationship, Evans liable from setting in motion a chain of events.

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Khan and Khan (1998)

They supplied heroin to a 15-year old girl in their flat. She overdosed but they failed to summon medical assistance and left her to die alone. Not guilty of murder, drug dealers do not have a duty of care to their clients.

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Miller (1983)

A squatter fell asleep whilst smoking, and his mattress caught fire. He awoke and moved to another room but did nothing to stop the fire. Guilty of arson, duty of care from setting in motion a chain of events.

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Stone and Dobinson (1977)

Stone (67) was partly deaf, nearly blind and of low IQ.He lived with his partner, Dobinson. Stone's sister, Fanny, came to stay. She suffered from anorexia and eventually, could not leave her room. Stone and Dobinson tried to phone a doctor but could not use the phone. They tried to feed Fanny and help her wash but she died. On her death, she weighed 5 stone and had maggot-infested ulcers on her knee and hip, with the bone visible. Guilty of manslaughter, duty of care voluntarily undertaken.

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Dytham (1979)

A police officer, about to go off duty, watched a man get kicked to death outside a nightclub but did nothing. Found guilty of misconduct in public office, duty of care arising from an official position.

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Gibbins and Proctor (1918)

D had a seven-year old daughter, Nelly. He lived with his lover. They kept Nelly apart from D's other children and starved her to death. Guilty of murder, duty of care arising from a close relationship.

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Pittwood (1902)

He was a level-crossing keeper who did not shut the gates. The driver of a hay cart was killed by a train. Guilty of manslaughter, duty of care arising from a contract.

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