Omissions

  • Created by: rianna
  • Created on: 03-05-13 19:13
Singh- duty to act under contract of employment
Tenant died of carbon monoxide poisoning. D liable for manslaughter by omissions had a duty of care under contract of employment which he failed to fulfill
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Pittwood-duty to act under contract of employment
D failed to shut railway gate leading to death of victim- D liable for manslaughter by omissions had a duty to close gate under contract of employment which he failed to fulfill
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Adomako-duty to act under contract of employment
D liable for gross negligence manslaughter by omissions had a duty to monitor oxygen under contract which he failed to fulfill
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Dytham-Duty to act for a person holding public office
D watched a fight taking place whilst eating a hot dog instead of intervening, leading to v's death. D liable for misconduct by omissions had a duty of care which he failed to fulfill
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Stone and Dobinson-Voluntary acceptance of care and responsibility of a person weaker through age or infirmity
D agreed to look after elderly sister who refused to eat and eventually died. D liable for manslaughter by omissions had a duty of care towards V which he failed to fullfill
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Instan-Voluntary acceptance of care and responsibility of a person weaker through age or infirmity
D went to live with auntie who had an illness and no means of caring for herself. D liable for manslaughter by omissions had a duty of care towards V failed to fulfill
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Gibbins and Proctor- Duties arising from a relationship such as parent&child or husband&wife
D deliberately starved 7yr old Nelly who died. Gibbins liable for murder by omissions has an immediate duty of care towards V which he failed to fulfill
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Miller- Creation of a danger
D was a tramp squatting in a house, fell to sleep with a cig causing a fire instead of putting it out just moved to the next room. D liable for arson by omissions as had a duty to stop the danger
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Bermudez-Creation of a danger
PC searched D, but was pricked with hypodermic syringe, D was aware of the risk. D liable for assault and battery by omissions as he created a danger
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Matthews&Alleyne-Creation of a danger
D stole wallet and dangled V from a bridge, despite V saying he couldn't swim, V drowned. D liable for murder by omissions had a duty to stop the danger which he failed to fulfill
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Khan&khan-Creation of a danger
D supplied heroin to 15 yr old who over dosed an collapsed but D chose to leave. D was acquitted as judge failed to direct jury
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Evans-Creation of a danger
Mother supplied heroin to V who self injected and overdosed, D failed to call 999. D was liable for manslaughter by omissions had a duty of care towards V failed to fulfill
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Omissions under statute
Road traffic act-speeding Children and young persons act 1933- failure to provide child with food, clothing and housing Domestic violence, crime and victims act- allowing child or vulnerable person to die where D was aware
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Bland-Termination of a duty
V was in a PVS state following Hillsborough disaster with no chance of improvement. Doctors sought permission to terminate contractual duties. Court held Doctors could terminate care whilst not incurring liability by omission
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Good samaritan rule
Under English law person not liable for a criminal offence where they fail to help another in extreme circumstances, eg stand and watch a child drowning, is a moral duty but not a legal obligation.
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Advantages
Public Duties -good to compose standards of acceptable behavior on officers Morally Right-To uphold a duty for certain relationships eg gibbins and proctor, CAT-Good on grounds of public policy in allowing conviction of culpable defendant
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Disadvantages- Voluntary acceptance
When? how far? incompetent people? Stone and Dobinson- Caring duties need to be clarified by parliament D may have escaped if they had not intervened when aunt became bed ridden
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Disadvantages- Termination
Termination, Vague- Bland guidelines are vague and open to inconsistency, difficult for doctors to turn off life support or not Inconsistent With Euthanasia- Distinction is unjust, withdrawal of care is accepted, positive steps to end a life isn't
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Disadvantages- Inconsistent approach, Strict Liability, Causation
Inconsistent- Liability for omissions only relates to some offences and not others, hard to attach to involuntary manslaughter. eg khan SL-unfair D's can be liable for failing to act with no MR, Causation-Problems with requirements eg Lifeguards
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Good Samaritan Rule- Advantages
Morals-Morally right for people to be forced to intervene during an emergency Community Spirit-Positive for community spirit
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Good Samaritan rule- Disadvantages
Not Needed in the UK! Defendant could worsen situation or injure themselves Unfair to convict v if they have done nothing wrong eg confident swimmer
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Good Samaritan rule- Disadvantages
Citizens pay tax for emergency services Pressure on courts to convict innocent people Would elderly people be exempt?! Moral duties should be separate from legal duties
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Reform
Liability for omissions should be restricted to serious offences, commission endorsed miller principle Prof Ashworth argues good Samaritan should be implemented so that liability would be imposed where the rescue of V would not present danger to D
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Other cards in this set

Card 2

Front

D failed to shut railway gate leading to death of victim- D liable for manslaughter by omissions had a duty to close gate under contract of employment which he failed to fulfill

Back

Pittwood-duty to act under contract of employment

Card 3

Front

D liable for gross negligence manslaughter by omissions had a duty to monitor oxygen under contract which he failed to fulfill

Back

Preview of the back of card 3

Card 4

Front

D watched a fight taking place whilst eating a hot dog instead of intervening, leading to v's death. D liable for misconduct by omissions had a duty of care which he failed to fulfill

Back

Preview of the back of card 4

Card 5

Front

D agreed to look after elderly sister who refused to eat and eventually died. D liable for manslaughter by omissions had a duty of care towards V which he failed to fullfill

Back

Preview of the back of card 5
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