Omissions

• What is an Omission crime?

  It is when the actus reus is committed by failing to act when under legal duty to do so.
• Why are individuals generally not liable for omissions?

  There is no Good Samaritan rule
• What are the exceptions to the rule of not being liable for omissions?

  • Created the danger
  • A parental / special relationship
  • A contractual duty
  • Voluntarily accepted responsibility
  • An official position (misconduct in public office)
  • A statutory duty
• What is an example of an omission crime?

  R v Pittwood - The defendant lifted the gate to allow a cart to pass and then went off to lunch failing to put it back down
• What was the reason for liability in R v Dytham?


  Misconduct in public office due to willful neglect of duty as a police officer
• What are the ways in which this duty can exist?

  • A statutory duty
  • A contractual duty
  • A duty because of relationship
  • A duty which has been taken on voluntarily
  • A duty through official position
  • A duty to limit the harm caused which arises because the defendant has caused the chain of events
• R v Miller

  Caused the chain of events by not putting out lit cigarette.