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The duty of care to another person extends to cohabitees (living in same house), as stated in R v Gibbins. Duty is not restricted to blood relationships as they were living in the same house (long term cohabitants) so a duty of care still applies.

In the situation where a person is aware of the danger of the health and welfare of a person and decides to recklessly disregard the risk to that persons life, then that person has failed to provide a duty of care therefore they should be liable – r v stone.

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On behalf of the respondent, following the judgement of R v Miller (1983), it is clear that the appellant created a dangerous situation by offering the narcotics to the victim and which consequently put him under a duty of care for her since, it was his actions of giving the substance and the omission to not look after her wellbeing which accelerated the situation, as in a reasonable person would have tried to prevent the situation from escalating. 

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On behalf of the respondent, following the judgement of R v Miller (1983), it is clear that the appellant created a dangerous situation by offering the narcotics to the victim and which consequently put him under a duty of care for her since, it was his actions of giving the substance and the omission to not look after her wellbeing which accelerated the situation, as in a reasonable person would have tried to prevent the situation from escalating. 

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Representing the respondent

Court – court of appeal

Appellant – Mr White

Question the court is trying to determine: The duty of care to another person extends to cohabitees (living in same house), as stated in R v Gibbins, meaning that Mr White has liability for Aaron’s death. Duty of care is not restricted to blood relationships as they were living in the same house and were long term cohabitants , so a duty of care still applies

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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 & Proctor Smith (1826) No legal