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A-Level Law (Elements of a crime) Flashcards on Untitled, created by lottelou96 on 12/01/2014.
lottelou96
Flashcards by lottelou96, updated more than 1 year ago
lottelou96
Created by lottelou96 almost 11 years ago
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Question Answer
Pittwood D failed to set a railway crossing, leading to death. Contractual duty. D convicted of manslaughter as he didn't do his job properly.
Adomako D, an anaesthetist, failed to spot V had stopped breathing as tube had become disconnected. Contractual duty. D convicted of manslaughter as behaved in lower standard as could be expected.
Dytham D, a police officer, saw fight off duty without stopping or reporting it. Official position. D convicted of misconduct in public office as he should have done something.
Gibbins and Proctor G, father of girl, lived with P. Isolated child and starved to death. Relationship and assumption of care. G convicted of murder based on relationship, P convicted of murder because of assumption of care.
Stone and Dobinson S' sister had an eating disorder whilst living with S and D. They tried to help (but not medically) but she died. Assumption of care. Both convicted of manslaughter even though they couldn't help her, as they both assumed care for her.
Miller D was a squatter who had a cigarette whilst sleeping, set mattress alight and fire got out of control. Duty through creation of dangerous situation. D convicted of arson as he could have done something about the fire.
Smith D's wife refused doctors' help after giving birth to a stillborn. She got so ill, she died. Release from duty. D charged with manslaughter but not convicted.
Bland V in persistent vegetative state and on life support. V's family gave permission for it to be turned off. End of duty. Duty of care replaced with duty to act in D's best interests, so it wasn't illegal.
Khan Drug dealer who gave heroin to teenager who self-injected. She died but they owed no duty of care to her - C/A quashed manslaughter convictions as they said drug dealers owe no duty of care (illegal contract).
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