Seminar 3 - Criminal Law -Omissions -FT208 by Claire Turner

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claire43 — 2022-10-11 08:49:14 UTC

Criminal Law Act 1977

claire43 — 2022-10-11 08:49:17 UTC

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?

claire43 — 2022-10-11 08:49:24 UTC

He will be guilty - it is a strict liability offence. He meets the actus reus of the crime of being in the High Commission building. The fact it was not his fault is irrelevant. There is no mens rea specified in the definition of the offence. It would have said 'enters intentionally or recklessly' if the offence had a mens rea element.

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 .

claire43 — 2022-10-11 08:49:30 UTC

Textbook - Loveless is on Law Trove - see link below

claire43 — 2023-10-12 11:59:07 UTC

claire43 — 2025-10-08 11:37:40 UTC

Issue - Is there a duty of care to which Dave and/or Abby will be criminally liable for the death of Violet

Rule - Which of the 6 circles of omission liability + specify which cases are relevant and outline in summary ratio of that case/s

Application - Apply the facts to the ratios above + facts of those cases can be distinguished or are similar.

Conclusion - guilty?

Dave

claire43 — 2025-10-08 11:54:47 UTC

Assumption of Responsibility

Case? Stone v Dobinson

that is to say a 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.' (per Lane LJ)

Needs to be reckless. There needs to be an obvious risk of injury he has foreseen but chosen to run the risk.

Application - Made call is evidence aware of the risk. Caring for her over a significant period. 'Tells Abby of his concerns in relation to Violet'

Same facts? Yes - both vulnerable, reliant and have been abandoned.

Instan - duty breached led to the acceleration of the death.

Dangerous situation - Miller