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R v. Dytham [1979] 3 ALL ER 641 (CA) England established:
“This ... element of culpability ... is not restricted to corruption or dishonesty but ... must be of such a degree that the misconduct impugned is calculated to injure the public interest so as to call for condemnation and punishment.”
"for the purposes of gross negligence manslaughter, when a person has created or contributed to the creation of a state of affairs which he knows, or ought reasonably to know, has become life threatening, a consequent duty on him to act by taking reasonable steps to save the others life will normally arise.”
R. v Evans (Gemma) [2009] EWCA Crim 650 UK
Where you’ve created a dangerous situation you are under a duty to take steps to try and prevent that danger escalating, to prevent further damage
R. v Miller [1983] 1 All E.R 978 UK
DPP v Bartley (1997, unreported) High Court (obiter) IE established
“where a credible complaint of felony is made to a policeman, he has no discretion under the common Law not to investigate it and apprehend a named offender. A failure to carry out this duty vigorously constitutes an illegality on the policeman’s part and renders him liable to prosecution...”
The right of the mentally competent patient to refuse medical treatment even if the result is death (or no reasons at all) should be respected. The patient autonomy of a mentally competent person should be respected. The question of mental capacity was not to be disturbed by the fact that the patient may assert values not approved by those in the authority.
True- Re B (Consent to Treatment: Capacity) (2002) EWHC 429 (fam)
Do siblings generally owe a duty of care?
No
R v Gibbins & Proctor outcome
Court held: where there is a duty to act, failure to do so can lead to liability, even for murder, if necessary mens rea is present. Father's parental duty towards their child is self-evident
The jury should “balance the weight that it is right to give to his wife’s wish to avoid calling a doctor against her capacity to make rational decisions. If she does not appear too ill it may be reasonable to abide by her wishes. On the other hand, if she appeared desperately ill then whatever she may say it may be right to override.”
R v Smith [1979] Crim LR 251 UK
“The duty which a defendant has undertaken is a duty of caring for the health and welfare of the infirm person...breach of that duty in such circumstances that the jury feel convinced that the defendant's conduct can properly be described as reckless, that is to say a reckless disregard of danger to the health and welfare of the infirm person...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.”
R. v Stone & Dobinson [1977] 2 All ER 341
Can refusal of help release one from a duty to act
Yes- DPP v Joel & Costen IE
R. v Instan [1893] 1 Q.B. 450
“It was the clear duty of the prisoner to impart to the deceased so much as was necessary to sustain life of the food ... which was paid for by the deceased’s own money.... There was, therefore, a common law duty imposed upon the prisoner which she did not discharge.”
R. v. Ceon Broughton, Unreported, 1 March 2019 UK recognised which rule
“You owed her a duty of care, to do all that was obviously reasonable to obtain help, because you had created an obviously dangerous situation"
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