A.R of homicide/causation
In this scenario it is clear that the killings were not voluntary his only intention was to scare off Pete as he said in police statement .Before the AR of either offence can be …show more content…
In the case (R v Pittwood) the court took a different approach to omission and said it was a crime to leave the gate open rather than to shut it as he which would have had to advocate that it was his opening of the gate which was criminalized, rather than his failure to shut it., this is once again seen as gross negligence like betty has done by not calling the police even though she had the choice to.
Dr j’s liability for death
Dr James is blatantly liable as through his negligence of not checking the type of blood he has given to the child and then resulting in the child later dying. If he had done the right thing in the first place the child would not have died and then he would not be liable. This is called gross negligence and in this scenario and because of what he did he will and is actions and omissions of his patient. (Adomako [1995]) The offence required a breach of duty which has given rise to a risk of death and which has caused death in a grossly negligent way by the child