Criminal III- Omissions Liability and GNM PDF

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Summary

A lecture on Omissions Liability and Gross Negligence Manslaughter by Dr Newhouse...

Description

Criminal III Can be difficult to see if situation is act or omission.

Omissions Liability-failure to act -exceptional in English law as no omission liability unless duty to act. Why not criminalise omissions liability? -Principle of autonomy- criminalising omissions intrudes on freedom -Usually less blameworthy than a positive act -Difficult to define duty to act and so what counts as an omission? Act-involves bodily movements

Crimes (Act) MANSLAUGHTER RAPE ATTEMPT

-Fagan V Commissioner of the Metropolitan Police. -Airedale NHS Trust V Bland [19993] AC 789 (Withdraw treatment from patient when no hope of improvement- J was that it was an omission, doctor had no duty to care ).

Crimes (Act and Omission) MURDER GROSS NEGLIGENCE MANSLAUGHTER RECKLESS MANSLAUGHTER

DUTY TO ACT-where there is duty to act, there will always be duty to care (tort) but not always vice versa. Can only be breached by omission while duty to care can be breached by act/omission. 1. Statutory Duty- e.g. Road Traffic Act 1988- report motor accident if involved. 2. Contractual Duty-bound by contract to protect others e.g. R V Pittwood [1902] 19 TLR 37 (gross negligence manslaughter). 3. Familial Duty- owed by parents to dependent children e.g. Gibbons and Proctor [1919] 13 Cr App R 134 (murder) and owed to spouse in peril e.g. R V Hood [2004] 1 Cr App R 431.

Gibbons and Proctor

R V Hood

R V Pittwood

-G was father –parental duty towards daughter.

-D failed to get help for wife with broken bones that died.

-D failed to put gate back down at crossing and horse and cart crossed in his absence-hit by train-died.

-P was mistress-voluntary duty.

4. Voluntary Duty- assuming duty to care for someone- mutual understanding e.g. Stone and Dobinson [1977] QB354 (gross negligence manslaughter) -Stone (67)-deaf ; nearly blind, low IQ and Dobinson (43) inadequate failed to care for Stone’s sister (61) who had mental issues; lived with them and died of anorexia nervosa. 5. Duty from Creation of Dangerous Situation-e.g. R V Miller [1983] 2 AC 161 (arson). -D was squatter who fell asleep with lit cigarette -set mattress on fire -D did nothing to stop fire and house caught on fire

-Extension of Miller Principle: Lord Judge C.J – “when a person has created or contributed to the creation of a state of affairs which he knows, or ought to reasonably to know, has become life threatening, a ...duty on him to act by taking reasonable steps to save [V] will normally arise.” -Breach of duty to act: fail to act as required-can lead to prohibited result. Gross Negligence Manslaughter-involuntary-no intention to kill or cause GBH. Elements of GNM: 1. D owed duty of care- applies when conduct carries foreseeable risk to those around us. 2. Breach DOC-conduct fall below standard expected of reasonable person. 3. Breach was Gross-R V Adomako [1994] 3 AII ER 79-Lord MacKay- circular rule that was is criminal is gross (and vice versa) -goes against principle of legality/ fair warning/fair labelling/precedent. -better explanation R V Sellu [2016] EWCA Crim 1716 – The D’s conduct was truly exceptionally bad...departure from the standard of reasonable person...taken as criminal. -decided by the jury- criticised as jury decide matters of fact and law with limited info. 4. Serious risk of death-objective test –reasonable person foresee risk. 5. Causation-prove breach is factual and legal cause of V’s death. -causation must be established between D’s breach and V’s death (third-party intervene and kill). Elements of murder by omission: 1. 2. 3. 4. 5.

V is human-under Queen’s peace. D had duty to act. D breached duty. D’s breach caused death. D intended to kill/cause GBH by failing to act....