No
ves}ws ves ms
ca er ea enero en i
‘day on which a relevant omission ceases. 0 is nat freed from liabilty where survival beyond the statutory limit ls precluded by the withérawal in good faith of fe support (Fare). ‘YES:
‘the best mecica interests ofthe patent (per Airedale NHS Trust and Auckland District Meath Board; meaning thatthe medical duty of cate owed tothe patient has ended, remaving any porablity of lability af the omizsion. ‘SATISFIED
‘ts legal, however, for a doctor to take any positive act to killa patient ~ only pain rliet may be Intended through positive act, even where that act inevitably accelerates death, LJ
Section 15 pone tat cases 10 act badly ry, ina of» ngeous nature fom whi death rests, lls hat person, athovg hermit cause of death be esters, C ARE ALL 3 ELEMENTS OF HOMICIDE
Fanner non ar better nt als ee et a ira oF
oS
Leelee Potential Ging ise to Lab under 260296)
Sceon 151152 (Core fVlerabie ats and Chere)
Teual cave‘& charge of peson wh i 9 vulnerable adult who Is unable 1 prove
teed lr ane ony tro rn Poa
Setby scping erry ome)
peritectic usar cht tin nS
‘sunderalegal day
‘rovide the persona ther eae wth neces:
[rd totale reasonable steps to protec the esate cave rm jay
section 15 (Dangerous es)
Everyone who [eceptin case of necesty undetaes
to-do ay other ll oc the ding of wc or no be angers to Be not shop i
tiny ye
is under legal dy fo have and to use easnale Snowe sila care in dng any such
Secon 156 Dangerous Things
erjone iho har st ter charge ot under thir contol absolutely anything that inthe
‘eumtaneer poms 3 eal an reasonably foeseabe isk that ti endanger ie (the han
Simply ose a kof ny (Myo) sued cares Tarn is sublets
Secon 15 {Onision DargeroustUfe)
Everyone who undertakes to do any atthe omison todo which sor maybe dangerous to els
nde a egal ty tod that 2c.
‘Common tow by iin
‘asa duty to tae reasonable tps to prevent harm arn rom dangerous uations created
by thar eam actons by reason ofthe seca elton to that ham,
ves ves
Intermec 173) where a woman causes the death of ny hid of er household (2)
‘hen, at the te of the oftnce her mind ws urbed by reson of he not yet ily
Tecovered ram the elect of gh bith otha aay other cil, by eso of the
to the etet that se should not be el ly responsi; she uly of inde and
{pine
foci,
NO
ves
teria foe nat s178
No
Does the actus es fallwiti ne ofthe specie of alpabe homicide?
‘Sector 160.23) provider hat "homie cpble when constr the kl of parson by aural
fn una ace
"a breach of ny At egulation, orb (52)
hich isa rimia ctv Kennedy M02
‘The “eat ae? mob
1 aint ase of death (Mot ~ the death must be caused by O'commiting the unlawful act rather than Smolyhappen while is commiting
the ula cand
_accompaned by whatever menses speed fr the offence, ané
Inust be one which s dangerous (Gan) nora thre was Sk of ome harm which was more than “thal or anston” that must have
been foreseeble Me ano
iissuclent hatte D's at be hare somebody, even ihr to Vor das ncn V, as ot reset [Mya ané
‘wile lable wes aware of heist nother, o facts creating the danger ut gorance of mistake fact wl ot excuse Dif2
‘reasonable person woul have recognized the uefa ks Chu
Section 1012) proses that “hme capable when cons n [Dung V] by easing (Vb vets offer of Wolence, ery deception to de an act
which causes 5) seat
“his shld eplin Tors where Ohad caused Vt fet vilence where
sue eras rata aus of V hang sted os Vd, oh
Such scons ty were the ibd of reaction tat were reasonably foreseeable by o reasonable petson in O's positon given O's conduct
Immeatey beforehand, end
suet eons by contributed in “noinsigiian” way to Vs death, and eet cause Vs death a resto Os conduc.
Tis my appy even here Vino Ds nota onan inh upon Vat Len
‘seeton 1602} roies tha homics cate when casts the ling fay person by wala fighteing cid under 16 yar of geo ick
‘peran albeit ose has aconditon mating him other unusually susceptible tony or death om fh
Se least subject recast the risk of fehtenng Vand
te atleast aware of elk that unr lr sch (Smeser nd Brooks,
‘ecton 1602) provides that homics iclpabe when consetsin teil of ny person by an omision without fl okcze opto or obese
a legal duty.
The Cour of Appel has inated that 16020) encompases a atts, common wand common i versonsof costs es er
{iN forges peied ins 151,152, 153,185,156 an 57,
{aN} ad or nla aes ered on 5160 where te nil acted on requires roo of nglgence oa sito absolute Hbity
offence,
(2 05 nen is needed for criminal responsibility ("2 mlor departure from the standard of cre expect of 2 reasonable
eran to wham that ga ut piles r who eras tat unl ac] ~ a coacadon ofthe gross negligence stander sed
common a (ee Mee)
‘reaches of common law gal duites must eta standard fos epence in fd to atrat rma aby (Suey)