In certain situations a duty to act exists, and a failure to act (omission) will suffice as the AR.
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Cases for Contractual Duty?
[Pitwood] [Adomako]
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[Pitwood]
D failed to set a railway crossing, leading to death. Convicted of manslaughter as did not do the job contracted to do.
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[Adomako]
D, an anaesthetist, failed to spot an important tube disconnected during the operation which lead to the patient's death. Convicted of manslaughter as behaved in a way far below what was expected of someone in that position. Broke the contractual dut
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Cases for Official Position?
[Dytham]
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[Dytham]
D, a police officer on duty, saw a fight but went off duty without reporting it or alerting other officers. D convicted of misconduct in public office as he could have done something.
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Special Relationship Case law
[Gibbins and Proctor]
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[Gibbins and Proctor]
D, father of a seven year old girl lived with P. They isolated the child and starved her to deayj. D convicted of murder based on the relationship. P convicted of murder as she assumed duty of care for the child. Also contractual duty due to money.
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Case law for voluntary assumption of care?
[Stone and Dobinson] [R v Instan]
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[Stone and Dobinson]
Stone’s sister came to live with Stone and his partner Dobinson. The sister had an eating disorder and at first the couple took steps to help but were ineffectual and sister died. Convicted of manslaughter. Assumed duty of care for Fanny.
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[R v Instan]
A 73-year-old woman died as a result of untreated gangrene in her leg with which she had suddenly become ill. D was her niece who lived with her. D failed to obtain medical help or to nurse or feed and ate her food.
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HLDs ruling in [Instan]?
HOL upheld conviction. The duty here was a moral one, the assumption of a responsibility by the niece for the aunt. There was also a contractual dimension as the contract between them stated that the aunt would pay for food for them both.
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Creating a dangerous situation case law?
[Miller] [Evans] [Santa-Bermudez]
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[Miller]
D was a squatter smoking in bed, set the mattress alight and went to another room, leaving fire to get worse. D convicted of arson as could have done something after realising the situation he had created.
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[Santa-Bermudez]
D was asked if there was anything sharp in his pocket before being searched by policewoman. He said no but officer was scratched by needle. D convicted under s47 OAPA as he could have told the truth.
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[Evans]
D bought and gave heroin to half-sister who self injected. Girl collapsed so D and mother put her to bed, hoping she would recover but she died. Mother and D convicted of manslaughter as created a dangerous situation by giving heroin to her.
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Release from a duty to act?
[Smith]
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[Smith]
A spouse may be released from a duty to act provided the victim has the capacity to make rational decisions.
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Life Support
[Malcherek and Steel]
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[Malcherek and Steel]
Both Malcherek and Steele were defendants in seperate cases where their victims were on life support machines. Both defendants were convicted of murder and appealed. Appeals were rejected.
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when does a duty cease to exist?
[Bland]
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[Bland]
D was in a persistant vegetative state. After 3 years it was clear D would not recover and application was made to stop treatment. Duty to care replaced by a duty to act in D's best interests, so failure to continue treating was not criminal.
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No duty in existence?
[Khan and Khan]
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[Khan and Khan]
They were drug dealers who gave heroin to a girl who self injected and died. The manslaughter convictions were quashed as there was no duty between drug dealers and victims.
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Statutory duty to act
Road Traffic Act (breathalyser test), Education Act 1996 (sending children to school), Children and Young Persons Act (parent has a duty to act and care for child)
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Law Reform document for omissions?
Law Commission Draft Criminal Code 1989
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Law Commission proposals?
Liability for omission where there is a duty to act, Liability for creating a dangerous situation and not doing what is reasonable to stop it. Creation of common duty to act - similar to good samaritan act.
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