R v Pittwood

Facts

Pittwood was employed to keep a railway-crossing gate shut. He opened it for a cart, went to lunch, and forgot to close it. A train hit a hay cart. One man was killed and another was seriously injured.

Issue

Can a duty in a contract found a manslaughter conviction for an omission?

Held

Yes. He was convicted. Wright J said the negligence was gross and criminal, because he was paid to keep the gate shut and protect the public.

Principle

A contractual duty owed to the public can be the duty that makes an omission criminal.

Why it matters

It is the contract case in the four duties to act.

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