Omissions

Question 1

There is no general duty to prevent harm

Answer 1

R v WM Smith

Question 2

Convictions for failure to act

Answer 2

• legal duty to act
• breach of legal duty
• breach caused AR
• requisite MR
• crime is capable of being committed by an omission

Question 3

Special relationship

Answer 3

R v Gibbons & Procter (starved child to death)
Re A (Children) (Conjoined Twins).
R v Hood (failed to summon medical assistance)

Question 4

Voluntary assumption of a duty of care

Answer 4

R v Nicholls
R v Gibbons & Procter (starved child to death)
R v Stone and Dobinson (anorexic sister)
R v Ruffell (failed to call ambulance)
R v Istan (failed to provide food or call for medical assistance)

Question 5

Breach of contractual duty

Answer 5

R v Pitwood (contractual duty to close gate)

Question 6

Where accused created a dangerous situation

Answer 6

R v Miller (squatter set mattress alight)

Question 7

Public office holders - policeman guilty for not stopping assault

Answer 7

R v Dytham

Question 8

Control over another or another’s use of property

Answer 8

Du Cross v Lambourne (allowed friend to drive his car over speed limit)

Question 9

Witholding life-saving treatment - doctors are not under a duty to administer treatment with the aim of prolonging a patients life in all circumstances.

Answer 9

Airedale NHS Trust v Bland

Re a Ward of the Court