Omissions

• What is the liability equation in criminal law?


  Actus Reus + Causation + Mens Rea = Criminal Liability
• What must be proven for a person to be guilty of a crime?

  Actus Reus, Mens Rea, and Causation
• What are crimes of strict liability?


  Offences where only Actus Reus needs to be proven
• What does Actus Reus refer to?


  The physical element of a crime
• Why must the conduct in Actus Reus be voluntary?


  To show that the defendant was acting of their own free will
• What is the implication of involuntary actions in criminal law?


  Involuntary actions mean the defendant may not be guilty of Actus Reus
• What was the outcome of Hill v Baxter (1958) regarding involuntary acts?


  The judge provided examples of involuntary acts that may exempt liability
• What was the ruling in R v Mitchell (1983) regarding unlawful acts?


  The defendant was convicted of Unlawful & Dangerous Act manslaughter
• Why was the 72-year-old man in R v Mitchell (1983) not held responsible for the woman's injuries?


  His actions were deemed involuntary, making him an 'innocent agent'
• What are the four types of Actus Reus?


  1. Conduct Crimes: Actions are prohibited (e.g., dangerous driving).
  2. Result Crimes: Actions must produce a specific result (e.g., death by dangerous driving).
  3. Strict Liability: Being in a situation rather than doing something.
  4. Omissions: Failing to act.
• What is the Good Samaritan law debate about?


  Whether there should be a legal obligation to help strangers in distress
• What are the exceptions where a duty to act exists?


  Statute, contractual duty, relationship duty, voluntarily assumed duty, public duty, and creating a dangerous situation
• What does the Road Traffic Act 1988 require from drivers?


  Drivers must provide a breath sample for analysis
• What was the ruling in R v Pittwood (1902) regarding contractual duty?


  The defendant was convicted of gross negligence manslaughter for failing to close the gate
• What is the significance of the case R v Gibbins and Proctor (1918)?


  It established that a duty of care exists between family members
• What is the implication of voluntarily assumed duty in criminal law?


  If someone takes responsibility for another, they must act if help is needed
• What was the outcome of R v Stone and Dobinson (1977) regarding duty of care?


  The defendants were found liable for failing to care for a mentally ill sister
• What was the ruling in Khan (1988) regarding drug dealers and duty of care?


  The court ruled that drug dealers do not have a duty of care to their customers
• What happens if a person stops providing help to someone they are responsible for?

  They may be criminally liable if the person subsequently dies
• What is the significance of the omission in R v Gibbins and Proctor (1918)?


  The omission of feeding led to the unlawful killing of a human being
• What is the relationship between actus reus and mens rea in criminal liability?


  Both must be proven for a conviction, except in strict liability cases
• How does the law view the absence of a duty to act?


  There is generally no legal obligation to act unless specified by law
• What is the role of statutes in establishing a duty to act?

  Statutes can create legal obligations to act in specific situations
• How does the law view contractual duties in relation to omissions?


  Failure to fulfill a contractual duty can lead to criminal liability if lives are endangered
• What is the significance of the case R v Gibbins and Proctor (1918) in relation to familial duties?


  It established that familial relationships can create a duty to care
• What is the impact of the case Evans (2009) on the duty of care in drug dealing?


  It stated that drug dealers do not have a duty of care unless there is familial or other close connections
• What is the significance of the absence of a general duty to act in criminal law?


  It means individuals are not legally required to intervene in emergencies
• What is the impact of the Good Samaritan law on moral obligations?

  It raises questions about whether moral obligations should be enforced by law
• What duty does D have if they take on responsibility for another person?

  D has a duty to act if the person needs help.
• What could happen if D stops helping a person without making provisions for them?


  D may be criminally liable if the person subsequently dies.
• Which case illustrates the duty to act when one has taken responsibility for another?

  R v Gibbins and Proctor (1918).
• What was the outcome of R v Stone and Dobinson (1977) regarding S and D's liability?


  They were upheld for gross negligence manslaughter convictions.
• What argument is raised about the duty to care in R v Stone and Dobinson (1977)?


  One should not start caring for others unless able to meet the obligations of that duty.
• What is the common law offence related to police officers failing to act?

  Misconduct in a public office.
• What was the situation in Dytham [1979] regarding the police officer's duty?


  D failed to intervene while V was being attacked, neglecting his duty.
• What does the case of R v Miller [1983] illustrate about creating dangerous situations?


  D inadvertently created a dangerous situation and had a duty to minimize the harm.
• What was the consequence of D's actions in R v Miller [1983]?


  D was convicted for failing to take reasonable steps to rectify the dangerous situation.
• What case discusses the release from duty to act in relation to a spouse's wishes?

  R v Smith [1979].
• What did the judge direct the jury to consider in R v Smith [1979]?


  To balance the weight of the wife's wishes against her capacity to make rational decisions.
• What are the advantages and disadvantages of the law on omissions?


  Advantages:

  • Encourages individuals to take responsibility.
  • Protects vulnerable individuals in certain situations.

  
  

  Disadvantages:

  • Lack of a general duty to act can leave people unprotected.
  • Potential for unfair liability on caregivers.