The liability of police for failing to prevent crimes in English and South African law

The claimant, Mr Smith, had broken off his relationship with his partner, Mr Jeffrey, in December 2000 and moved out of their shared home. During the course of the break-up Jeffrey had assaulted Smith, and was arrested and detained overnight. Subsequently Smith moved away to Brighton. Although Jeffrey wanted to resume the relationship, Smith did not. In January 2003 Jeffrey began sending Smith abusive and threatening messages by phone, text and email. These included death threats. The messages continued throughout January and February 2003. Sometimes there were many on a single day. Eventually on 24 February Smith contacted the Brighton police and informed them of his relationship history and about the threats. Two police officers were assigned to the case, and they visited Mr Smith, but did very little else than putting a trace on the calls, despite the fact that Smith had already given them Jeffrey’s home address. The death threats continued unabated, and Smith again reported them, this time at the Saville Row Police Station in London where he had gone since Jeffrey had said he was coming to Brighton. However, the London police told him that the case was being dealt with in Brighton and that Smith should speak to the police there when he returned home. When he returned to Brighton at the beginning of March, Smith once again contacted the Brighton Police, warning them that he believed his life to be in danger. Still, no action was taken. On 10 March Jeffrey attacked Smith with a claw hammer, inflicting three fractures of the skull and associated brain damage which led to continuing physical and psychological harm. Shortly afterwards Jeffrey was arrested and charged, and in March 2004 he was convicted and sentenced to ten years’ imprisonment for making threats to kill and for causing grievous bodily harm with intent.