R v Miller
A person who accidentally creates a dangerous situation is under a duty to take reasonable steps to counteract it once he becomes aware of it.
Facts
Mr Miller, a squatter, fell asleep on a mattress while smoking a cigarette. He woke up to find the mattress on fire, but did nothing to put it out. Instead, he went into another room and went back to sleep. The house was badly damaged by fire. He was convicted of arson under the Criminal Damage Act 1971.
Legal principle
The House of Lords upheld the conviction. Lord Diplock said that a person who has unintentionally and without the necessary mens rea started a process that creates a risk of damage to property is under a duty, once he becomes aware of what he has done, to take such steps as lie within his power to prevent or minimise the damage. Mr Miller's failure to do so, with the necessary recklessness, made him guilty. The case established the duty arising from the creation of a dangerous situation.
Related cases on Actus reus and omissions
- Airedale NHS Trust v Bland [1993] AC 789
- DPP v Santana-Bermudez [2003] EWHC 2908 (Admin)
- Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
- R v Dytham [1979] QB 722
- R v Evans (Gemma) [2009] EWCA Crim 650, [2009] 1 WLR 1999
- R v Gibbins and Proctor (1918) 13 Cr App R 134
- R v Instan [1893] 1 QB 450
- R v Khan and Khan [1998] Crim LR 830
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
