Omission

Question 1

Adomako

Answer 1

• anaesthetist failed to notice ventilator had come undone

Leading case for omission.

Did D owe duty of care?
Did D breach duty?
Did this breach cause death?
Is this breach GNM and is it bad enough to incur criminal liability?

Question 2

Ahmad

Answer 2

Lanlord case

In this case failing to act didn’t amount to an act

Question 3

Airedale NHS Trust v Bland

Answer 3

In PVS state, family agreed to withdraw life support.

“To disconnect a feeding tube was very different from administering drugs which could kill a patient”

Question 4

Bonnyman

Answer 4

Man refused to get help for sick wife and she died.

Guilty of manslaughter because of his duty to act through special relationship exception.

Question 5

Downes

Answer 5

Father part of religion that used prayer instead of medicine.
Guilty of manslaughter - special relationship

Question 6

DPP v Santa-Bermudez

Answer 6

Stabbed by used syringe during pat down.

Didn’t stab her directly but failing to act created a dangerous situation.

Question 7

Dytham

Answer 7

Police officer watched man get kicked to death.

Guilty of failing to act through contractual duty.

Question 8

Evans (Gemma)

Answer 8

Gave younger sister drugs and failed to inform authorities when she overdosed.

Guilty of creating a dangerous situation and failing to act, because she recognised the situation was serious and contributed to it, not because of SR.

Question 9

Gibbins and Proctor

Answer 9

Failed to feed his child and it died.

Guilty of murder as he had a special relationship.

Question 10

Hood

Answer 10

Wife was injured and he didn’t get help on her orders.

Sentence reduced but still guilty of manslaughter through their special relationship.

Question 11

Instan

Answer 11

Lived with wealthy aunt and didn’t care for her until she died.
Guilty of manslaughter because of her informal assumption of duty.

Question 12

Khan and Khan

Answer 12

Drug dealers left girl to overdose.

Guilty on first instance but overturned as it was an omission and there needed to be a duty of care.

Question 13

Lowe

Answer 13

Couple had ill baby which died due to lack of treatment

Guilty of manslaughter through failing to act because of their special relationship

Question 14

Miller

Answer 14

Squatter set fire to mattress by accident but didn’t put it out.
Guilty of omission through creating a dangerous situation. Mens rea formed when he realised there was a fire and failed to stop it.

Question 15

Pittwood

Answer 15

Didn’t do job and someone got hit by train.

Guilty of contractual duty omission

Question 16

Ruffle

Answer 16

Friend took drugs in Ds house and he put him outside where he died.

Guilty of manslaughter through an informal assumption of duty, because he tried to help at first.

Question 17

Speck

Answer 17

Had been grooming child to the point where they would commit sexual acts willingly.

Guilty of omission, letting it happen formed the AR.

Question 18

Stone and Dobinson

Answer 18

Neither Ds cared for anorexic dying sister.

Guilty of manslaughter through informal assumption of duty.