actus reus cases - omissions

outline the case for the duty of doctors (not an ommisson)

Airedale nhs trust v bland 1993 -bland was a young man who had been crushed by the crowd at the Hillsborough football stadium tragedy -he was left in a vegative state for three years being fed by tubes -the doctors asked the court a ruling to stop feeding him -the court gave acceptance even though they knew it would kill

give another example of a case that created a dangerous situation

DPP v Santa - Bermudez -a policewoman was searching the defendants pockets -the defendant said that he had no needles in his possession - the victim was charged with assault occasioning ABH

give an example of an act of statutory duty

failing to report an road traffic accident (s.170 of the road traffic act 1988)

illustrate the case that shows the voluntary act of actus Reus

r v Mitchell 1983 -D tried to push his way into a queue in post office -punched 72 year old man for telling him off - a woman was knocked over, she died after he injuries -D was held guilty of manslaughter -the man punched and fell on the woman was not liable

give an example of a case of a duty through an official position

r v dytham -D was a police officer who was on duty, he saw a fight -he did not act to try and stop the fight -he was convicted of misconduct in a public office -dytham was a police officer he was guilty of neglecting his official duty

give an example of a case of a duty because of a relationship

r v gibbins and proctor -the father and his mistress starved his seven year old daughter - the omission of failing to feed her was deliberate with the intention of killing or causing serious harm -the failure to feed the girl was enough for the actus reus of murder

illustrate a case that shows problems of deciding when a duty exists

r v khan and khan 1998 -the defendants had supplied a new user with heroin, who took it in their presence -Ds left her alone and she died -their act for unlawful manslaughter was quashed -the court of appeal thought there could be a duty to summon medical assistance in certain circumstances so a defendant could be liable

illustrate the case of involuntariness

r v larsonneur 1933 -D had been ordered to leave the united kingdom she decided to go to Ireland -the irish police deported her back to the uk - she was convicted because he was deemed an alien been found in the uk -it did not matter she was brought back to the uk by irish police against her will

give an example of a case of a duty arises because the defendant set in motion a chain of events

r v miller -D fell asleep whilst holding a cigarette - he awoke to find his mattress on fire, he did not attempt to put it out -the house set alight -he got charged with arson

outline the case for a contractual duty

r v pittwood -a railway keeper omitted to shut the gates - a person went across the line and was killed by a train - D was convicted of manslaughter

give an example of a case of a duty which has been undertaken voluntarily

r v stone and Dobinson -fanny had learning difficulties -fanny died from malnutrition -both defendants were guilty of manslaughter -both of the defendants owed a duty of care to fanny -they breached this duty of care