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Duty - If she wasn't involved in active care, then she wouldn't have assumed responsibility

Booked holiday - created dangerous situation - R v Evans? Defence

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Duty - Assumption of responsibility

Stone & Dobinson - Ratio - 'reckless disregard of danger to the health and welfare of the infirm person. Mere inadvertence is not enough. The defendant must be proved to have been indifferent to an obvious risk of injury to health, or actually to have foreseen the risk but to have determined nevertheless to run it.'

Application - how did he know there was an obvious risk? He used care for and contacted his sister to take over. By going on holiday he has chosen to run the risk

A reasonable person would have visited the sister/called from holiday/ arranged someone to check on her.

In the alternative a duty could be created by the dangerous situation he has failed to rectify by calling sister/medical help (Miller)

Instan - ' wilfully and deliberately left unperformed, with the consequence that there has been an acceleration of the death of the deceased owing to the non-performance of that legal duty...'

There are no distinguishing facts as in both Instan and S & D they involve a vulnerable individual who is reliant on their relative who has then abandoned them.

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I - Did Dave/Abby have a legal Duty to act

R - Rule

A - Application

C - conclusion

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Dave is a thirty year old man who lives with Violet, his mother who is bedridden. Dave cares for Violet by providing her with food and changing her medical dressings. Violet gives Dave money to cover the costs of the food and pays the mortgage on their house.Dave begins a relationship with Abby. After 3 weeks Abby starts to stay at the house at weekends, and after 4 months of being in the relationship and staying at weekends, Abby tells Dave that she has booked a fortnight holiday in Spain for them. Dave tells Abby of his concerns in relation to Violet, but Abby states that Dave has “done his bit” and should ask his sister to look after “her mother” for once. Dave telephones his sister and leaves an answerphone message to the effect that she will have to look after Violet for the next 2 weeks as Dave will be on holiday. Dave’s sister (who lives 10 miles away from Violet) accidentally deletes the message before she had been able to listen to it. Whilst Dave and Abby are on holiday Violet dies through lack of food and an infection caused by the unchanged dressings. Discuss whether Dave and/or Abby have a duty to act here (such that failure to do so could fulfil the actus reus requirement of manslaughter). Do not consider any other element of the offence at this stage (we cover homicide in depth later in the term). Assess the criminal liability of Dave Assess the criminal liability of Dave and Abby.

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Dave is a thirty year old man who lives with Violet, his mother who is bedridden. Dave cares for Violet by providing her with food and changing her medical dressings. Violet gives Dave money to cover the costs of the food and pays the mortgage on their house.Dave begins a relationship with Abby. After 3 weeks Abby starts to stay at the house at weekends, and after 4 months of being in the relationship and staying at weekends, Abby tells Dave that she has booked a fortnight holiday in Spain for them. Dave tells Abby of his concerns in relation to Violet, but Abby states that Dave has “done his bit” and should ask his sister to look after “her mother” for once. Dave telephones his sister and leaves an answerphone message to the effect that she will have to look after Violet for the next 2 weeks as Dave will be on holiday. Dave’s sister (who lives 10 miles away from Violet) accidentally deletes the message before she had been able to listen to it. Whilst Dave and Abby are on holiday Violet dies through lack of food and an infection caused by the unchanged dressings. Discuss whether Dave and/or Abby have a duty to act here (such that failure to do so could fulfil the actus reus requirement of manslaughter). Do not consider any other element of the offence at this stage (we cover homicide in depth later in the term). Assess the criminal liability of Dave Assess the criminal liability of Dave and Abby.

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1.	D celebrates his success in his examinations too well. He gets very drunk and passes out in the Student Union. His friends decide to take him home. While passing the Indian High Commission they decide to have some fun and deposit D in the hallway of the High Commission. D is found there and arrested for an offence under s9 of the Criminal Law Act 1977.Is he likely to be convicted if prosecuted? 

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1.	D celebrates his success in his examinations too well. He gets very drunk and passes out in the Student Union. His friends decide to take him home. While passing the Indian High Commission they decide to have some fun and deposit D in the hallway of the High Commission. D is found there and arrested for an offence under s9 of the Criminal Law Act 1977.Is he likely to be convicted if prosecuted? 

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9 Trespassing on premises of foreign missions, etc. E+W

(1) Subject to subsection (3) below, a person who enters or is on any premises to which this section applies as a trespasser is guilty of an offence.

(2) This section applies to any premises which are or form part of-

(a) the premises of a diplomatic mission within the meaning of the definition in Article 1( i) of the Vienna Convention on Diplomatic Relations signed in 1961 as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964;

(b) consular premises within the meaning of the definition in paragraph 1( j) of Article 1 of the Vienna Convention on Consular Relations signed in 1963 as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968;

(c) any other premises in respect of which any organisation or body is entitled to inviolability by or under any enactment; and

(d) any premises which are the private residence of a diplomatic agent (within the meaning of Article 1( e) of the Convention mentioned in paragraph ( a) above) or of any other person who is entitled to inviolability of residence by or under any enactment.

" the premises of a closed diplomatic mission " means premises which fall within Article 45 of the Convention mentioned in subsection (2)(a) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph); and

" the premises of a closed consular post " means premises which fall within Article 27 of the Convention mentioned in subsection (2)(b) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph); ]

(3) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the premises in question were not premises to which this section applies.

(4) In any proceedings for an offence under this section a certificate issued by or under the authority of the Secretary of State stating that any premises were or formed part of premises of any description mentioned in paragraphs ( a) to ( d) of subsection (2) above at the time of the alleged offence shall be conclusive evidence that the premises were or formed part of premises of that description at that time.

(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [ level 5 on the standard scale ] or to both.

(6) Proceedings for an offence under this section shall not be instituted against any person except by or with the consent of the Attorney General.

Textual Amendments

Marginal Citations

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An Act to amend the law of England and Wales with respect to criminal conspiracy; to make new provision in that law, in place of the provisions of the common law and the Statutes of Forcible Entry, for restricting the use or threat of violence for securing entry into any premises and for penalising…

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Omission to act in Criminal law How can there be criminal liability when a criminal has 'done nothing'? 3. Relationship 4. Assumption responsibility Hood Wife had a fall. Husband failed to call for medical assistance leading to pneumonia. Gibbins v Proctor Smith (1826) No legal