Omissions
Duty to act / point of law Case name / Act Case informaton
Contractual duty R v Pittood Railtay crossing guard didn’t close the gates, someone died. Guilty because he had a
duty to act through his employment.
Duty to act based on specifcs oo S170 oo the Road This secton oo the act maees it an ofence to oail to report a motor accident in thich D
an ofence – statutory duty Traffic Act 18㰭㰭 is involved.
Duty to act based on specifcs oo R v Dytham Police officer of duty did not intervene as someone tas being beaten to death, guilty.
an ofence – common lat This case displayed the common lat ofence oo misconduct in public office.
examples
Duty through a pre-existng Gibbins and Proctor Father and stepmother starved their child to death. Guilty as they had a duty to act
relatonship – parent and child. and oeed and not neglect her.
Duty through a pre-existng R v Hood Wioe oell and tas seriously injured, husband did not seee medical help untl last
relatonship – spouses. minute, she died. Guilty.
Duty based on an assumpton oo Stone and Dobinson D agreed to looe afer elderly sister. Did not clean her, she tas not eatng and they
care did not seee help. She died and D tas guilty.
Contnuing act duty Fagan v Metropolitan D reversed onto a police officer’s ooot and reoused to remove the car. When he
Police Commissioner reoused the mens rea tas oormed and the act tas held to be a contnuing act.
Thereoore there tas a coincidence oo AR and MR and he tas guilty.
Creaton oo danger duty R v Miller D oell asleep tith a lit cigarete and set fre to a matrass. Rather than seeeing help he
moved into another room. He tas guilty oo arson.
R v Evans Gave drugs to her sister, then her sister overdosed she put her to bed and did not
seee help. She tas guilty. This extended Miller idea orom ‘creaton’ oo danger to
‘contributon’ totards danger. Although V’s act tas oree, voluntary and inoormed, D
contributed by supplying drugs and oailing to call oor help.
R v Santana Bermudez Police officer searched D, aseed D io D had any sharp items in poceet, D said no. There
tas a sharp item in poceet, D guilty oo the batery ofence.
Duty to act / point of law Case name / Act Case informaton
Contractual duty R v Pittood Railtay crossing guard didn’t close the gates, someone died. Guilty because he had a
duty to act through his employment.
Duty to act based on specifcs oo S170 oo the Road This secton oo the act maees it an ofence to oail to report a motor accident in thich D
an ofence – statutory duty Traffic Act 18㰭㰭 is involved.
Duty to act based on specifcs oo R v Dytham Police officer of duty did not intervene as someone tas being beaten to death, guilty.
an ofence – common lat This case displayed the common lat ofence oo misconduct in public office.
examples
Duty through a pre-existng Gibbins and Proctor Father and stepmother starved their child to death. Guilty as they had a duty to act
relatonship – parent and child. and oeed and not neglect her.
Duty through a pre-existng R v Hood Wioe oell and tas seriously injured, husband did not seee medical help untl last
relatonship – spouses. minute, she died. Guilty.
Duty based on an assumpton oo Stone and Dobinson D agreed to looe afer elderly sister. Did not clean her, she tas not eatng and they
care did not seee help. She died and D tas guilty.
Contnuing act duty Fagan v Metropolitan D reversed onto a police officer’s ooot and reoused to remove the car. When he
Police Commissioner reoused the mens rea tas oormed and the act tas held to be a contnuing act.
Thereoore there tas a coincidence oo AR and MR and he tas guilty.
Creaton oo danger duty R v Miller D oell asleep tith a lit cigarete and set fre to a matrass. Rather than seeeing help he
moved into another room. He tas guilty oo arson.
R v Evans Gave drugs to her sister, then her sister overdosed she put her to bed and did not
seee help. She tas guilty. This extended Miller idea orom ‘creaton’ oo danger to
‘contributon’ totards danger. Although V’s act tas oree, voluntary and inoormed, D
contributed by supplying drugs and oailing to call oor help.
R v Santana Bermudez Police officer searched D, aseed D io D had any sharp items in poceet, D said no. There
tas a sharp item in poceet, D guilty oo the batery ofence.
