The voluntary act or omission

Note for doctors: if doctors stop helping, if its in their best interest, then they are not guilty of anything.

What is Statutory duty?

Duty imposed or under enactment.

What is a contractual duty?

may agree to a duty by signing a contract, your job imposes a duty to do things.

R v Pittwood

What is duty because of a relationship between defendant and victim?

parent-child relationship (R v Gibbins and Proctor)

Father got remarried, step-mum hated girl, refused to look after, father agreed, neglected her, she died from malnutrition.

What is a duty undertaken voluntarily?

if you volunteer to do something i.e. care for someone-this establishes a duty.

R v Stone and Dobinson (1977)

Stone’s older sister, Fanny ( mental illness, bedridden, failed to eat, incapable of caring of herself). she died from malnutrition both were found guilty for manslaughter. Stone is her sister has a duty of care or Dobinson was also guilty because sometimes she would feed, clothe her, they had voluntarily undertaken to look after her.

What is duty undertaken voluntarily?

Case:

R v Evans (2009)

16 year old heroin addict, lived with mother and half-sister (both used to use heroin). Half-sister buys heroin, the girl overdoses, the mother and sister but her to bed thinking she will sleep it off, the girl dies in her sleep.

both mother and sister found guilty for gross negligence manslaughter. Mother duty of care and sister is liable as she voluntarily bought heroin and let her in the house.

What is duty owed through one’s official position?

someone’s role in society may impose a duty- police officer.

Dytham (1979)

On-duty police officer, saw someone being beaten up, didn’t intervene, told a bystander he was off duty, walked away from scene.

Found guilty of misconduct

What is duty which arises because the defendant set in motion a chain of events?

where a defendant has created a dangerous situation- they have a duty to deal with it.

R v Miller

The defendant was a vagrant who had spent the evening drinking before returning to the property where he was squatting. He fell asleep with a lit cigarette in his hand, which started a fire. The defendant woke and, seeing the fire, took no steps to extinguish it but simply moved to sleep in a different room. Eventually the whole house caught fire, causing over £800 worth of damage. The defendant was charged with arson.