The AR: is a prohibited result, consequence or conduct/omission (failure to act) or a combination. Act by Omissions
•Failure to do something.
•Divided into statutory provisions and common law offences
Common Law offences:
oAssumption of Responsibility
oWhether the obligation has led to a duty?
oOn the facts, there was a duty?
Public OfficeRelationshipAss. of Respon. Dangerous situation Pitwood : failure to shut the gate before a train was due. Dytham: D was a police officer who was about to go ‘off-duty’, he watched and failed to intervene a man getting kicked out of a nightclub, beaten and kicked to death and left in a gutter. Police officer was convicted of CLO of misconduct in a public officeGibbins & Procter: father failed to feed child. GuiltyStone & Dobinson: Ms Stone would have survived had she received medical assistance. Miller: squatter – (D) had inadvertely and without fault created a dangerous situation.
Take reasonable steps to prevent further damage e.g. call 999/raise the alarm
It is for the courts to decide steps avaliable without putting the (D) at risk. Airedale NHS Trust v Bland: leading case on Dr’s vs. Patients. “Reasonable and competent medical opinion” not in the ‘best interest’ of the patient to continue treatment Smith : 2 brothers; one brother looking after the other, who is an adult but helpless. There is no duty!R v Nicholls: Held a grandmother who failed to look after her GC, after its mother died.
Smith ’96 spouse v spouse: husband is guilty: b/c failed to call help even though wife said not to. R v Instan aunt v niece. Judgement: that there was a blood relationDPP v Santana-Bermudez: body search, failed to tell the police had needles in pocket.
Failure to fulfil contractual obligations...