omission sufficient

• 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