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General Elements of Criminal Liability
Actus Reus
Omissions
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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