omission sufficient

Cards (8)

  • exceptions
    -omission cannot make a person guilty of an offence
    -in some cases failure to act= actus reus if there was a duty to act
  • statutory duty 

    act of Parliament can create liability for an omission
    can only be committed by failing to do something
    S170 Road traffic act 1970- failure to stop or report a road traffic accident
  • Duty through official position 

    R v Dytham
    3 men kicked the victim to death he did not intervene or call for help and told a bystander he was going off duty
    "was convicted of misconduct guilty of wilfully and without reasonable excuse neglecting to perform his duty"
  • duty of doctors
    Airedale NHS Trust v Bland
    Bland left in vegetative state, wanted to withdraw treatment. court ruled they could even tho he'd die
    also shown in Archie Battersbee case
  • duty which arises because the defendant has set in motion a chain of events 

    R v Miller
    living in a squat, fell asleep smoking. accidentally set mattress on fire, moved to another room, failed to call ambulance services
    was expected to take reasonable steps
  • contractual duty 

    if they fail to do a duty they're required to perform as part of their contract

    R v Pittwood - railway crossing keeper admitted to shutting gate and the person crossing died
  • duty because of a relationship
    usually parent/child related
    R v Gibbons and Proctor
    Father had multiple children, kept a daughter separate, starved her and killed her.
    Father had parental duty, mistress took care of all children, included daughter
    failure to feed = actus reus
  • Duty which has been taken voluntarily
    R v Stone and Dobinson
    Fanny stayed with family - eccentric and stayed in room for days (failed to eat)
    eventually became bedridden and incapable of caring for themselves
    at least one occasion, dobinson wash and prepare food. died of malnutrition
    stone- duty of care to older sister
    dobinson- duty of care arose when she undertook some care.
    should've gained help