Crim Law - Acts/Omissions cases

R v Gibbins & Procter

• Father and partner neglected and starved father’s daughter to death

• Special relationship/ duty of care - parents have duty to protect children

• This duty can also be assumed by partner living in same household

R v Hood

• Husband failed to seek medical help for wife for three weeks after she suffered fall and broke several bones

• Marital duty: a spouse can be held liable for gross negligence manslaughter if fail to summon medical help for partner

R v Pittwood

• Railway gatekeeper forgot to close gate before going to lunch; train subsequently hit hay cart, killing driver

• Contractual duty: person might be liable for omission if they have contractual obligation to public or third party to perform specific act

R v Stone and Dobinson

• Elderly infirm sister came to live with Ds. Failed to provide her with food or medical care as her health declined

• Assumption of responsibility: by taking someone into their home and making rudimentary attempt at care, D assumes legal duty to act

R v Khan (R) and Khan

• Drug dealers supplied heroin to 15-year old girl who overdosed. Left her alone and she died

• Duty of supplier: while dealer doesn’t automatically have a duty, a duty could arise if they created a situation where medical help is needed and fail to summon it

R v Sinclair, Johnson and Smith

• Sinclair helped a friend inject heroin and stayed with him for several hours after he became unconscious

• Duty through relationship/ assumption: duty of care arises between friends if one has “assumed” care for other during medical emergency

R v Ruffell

• A friend took drugs in D’s house. When friend overdosed, D put him outside in the cold

• Assumption of care: by attempting to revive victim then placing them in position of greater vulnerability, D assumed a duty

R v Gemma Evans

• D supplied heroin to sister, who overdosed. Fearing they would get in trouble, Evans and mother didn’t call for help

• If D contributes to creation of life-threatening situation, have a duty to take reasonable steps to save V

R v Miller

• Squatter fell asleep with lit cigarette; woke to find mattress smouldering but simply moved to another room

• Duty to mitigate - if D inadvertently creates danger, have duty to act or prevent/ minimise damage once they become aware of it

Ducross v Lambourne

• Owner of car sat in passenger seat while friend drove dangerously, making no effort to stop them

• Duty to control property: an owner/ person in control of property has duty to prevent property from being used to commit a crime

Tuck v Robinson

• Publican (licensee) allowed customer to stay and consume alcohol after legal closing hours

• Duty of licensee: person in position of legal authority over premises has duty to prevent the commission of offences on those premises