“Railway gatekeeper convicted for manslaughter by omission after failing duty”
Pittwood was employed as a railway crossing gatekeeper whose duty was to keep the gates closed except when people needed to pass. He left the crossing to attend to personal business, leaving the gates open. A hay cart was struck by a train and the cart driver was killed.
Whether a person can be criminally liable for manslaughter by omission where they have failed to perform a contractual duty of care.
The defendant was guilty of manslaughter. A person who undertakes a duty, whether contractually or otherwise, can be criminally liable if their omission to perform that duty results in death.
This case established the principle that omissions can form the basis of criminal liability where there is a pre-existing duty to act. It remains a foundational case for understanding liability for omissions in criminal law.
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OSCOLA Citation
R v Pittwood (1902) 19 TLR 37
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