Cards (10)

  • What is an omission?
    A failure to act
  • What is the general rule in criminal law (omissions)?
    a person is not liable for an omission unless under a duty to act.
  • Give three cases for statutory duties
    Road Traffic Act 1988
    Dangerous Dogs Act 1991
    Domestic Violence, Crime and Victims ACt 2004
  • Give five common law offences

    Contractual duties
    Official position
    Special relationship
    Duty undertaken voluntarily
    Creating a dangerous situation
  • Give a case for contractual duties
    Pittwood
  • Give a case for official position
    Dytham
  • Give a case for special relationship
    Gibbons & Proctor
  • Give a case for Duty undertaken voluntarily
    Stone & Dobinson
  • Give a case for Creating a dangerous situation
    Miller
  • If discontinuing treatment is in the best interests of the patient, is it an omission?
    no, so it does not form the actus reus