A contractual duty, a duty because of a relationship, a duty taken on voluntarily, a duty through a chain of events, a duty through one's official position, breach of statutory duty
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Example of a contractual duty?
Pittwood 1902
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Example of a duty because of a relationship?
Gibbins and Proctor
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Example of a duty taken on voluntarily?
Stone and Dobinson, Khan and Khan
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Example of a duty through one's official position?
R v Dytham
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A duty because of a chain of events?
Miller
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Breach of statutory duty?
Baby P
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Evaluation of omissions?
Law is uncertain, not clear when a duty to act will exist or not
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Law commission proposals for omissions?
Should be no liability for omissions in relation to serious offences such as serious injury, torture, unlawful detention
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What is causation?
Causation is part of an actus reus, and are two types - result crimes and conduct crimes
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What is a conduct crime?
Perjury, theft, attempted crimes
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Result crime?
Murder. theft, assault, battery
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What is causation in fact?
D's actions lead to the offence
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What is causation in law?
Means it was D's fault - a moral judgement
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Actions causing death?
R v White - poisoned his mother but she died from a heart attack before the poison had effect
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Multiple causes of death?
Benge - failed to read the train timetable when working on it and was not ready for it to come, many people died
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Contributory negligence?
If a V is attacked and then fails to act it does not remove the attackers guilt - in Holland the D cut the V with an iron instrument but came infected, didn't get it treated and died - guilty of murder
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The thin skull rule?
Must take your victim as you find him - Rv Hayward; the D argued with his wife when she collapsed on the floor and he kicked her on the arm but she had a thyroid condition which means extreme fear can kill her; she died and he was guilty
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The impact of attemps to escape?
If a V tries to escape and hurts himself on the way the D will be responsible; DPP v Daley
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What is a case example of someone trying to escape?
Roberts - jumped from a car after a sexual assault and was injured
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Cases on medical treatment?
R v Smith - the victim was stabbed twice, but the medical staffdropped him twice
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Intervening acts?
'novus actus interveniens', if the D can show a break in causation he will no longer be guilty
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Evaluation on the law of causation?
The 'but for' test is fair, it is good that inevitable acts are excluded, foreseeability can be unfair
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