R v Pittwood
| R v Pittwood | |
|---|---|
 | |
| Court | Crown Court / Assizes |
| Full case name | Regina v. Pittwood |
| Citation(s) | [1902] TLR 37 |
| Court membership | |
| Judge(s) sitting | Jury trial presided by Mr Justice Wright |
| Case opinions | |
| Depending on the facts, such as the contract in this case, there is a duty to act in the criminal law to save others from physical harm, including in the law of manslaughter. | |
| Keywords | |
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R v Pittwood [1902] is a case in English criminal law as to omission, specifically the duty to act to save others from physical harm, finding an omission that amounted to manslaughter.[1][2]
Facts
Railway crossing keeper, Pittwood, failed in his duty (by contract owed to his employer) to close a level crossing gate, leading to the death of a wagon driver after a train crashed into his horse and cart.[2]
Judgment
He was found guilty of manslaughter.[3]
Mr Justice Wright ruled that depending on the facts, such as the contract in this case, there is a duty to act in the criminal law to save others from physical harm, including in the law of manslaughter.[2]
References
- ^ Halsbury's Laws of England, volume 25: "Circumstances", paragraph 6 (5th edition)
- ^ a b c Card, Cross and Jones: Criminal Law 16th Ed., Prof. Richard Card (ed.), Reed Elsevier (printed by CPI Bath, Bath, UK), 2004. at 2.10 (p. 60)
- ^ Hails, F. G. (June 1966). "Manslaughter". Police Journal. 39 (6): 306. – via HeinOnline (subscription required)