Omissions

• What is an Omission?


  An Omission is a failure to carry out one's moral and legal duty.
• Generally, there is no liability for not acting as a Good Samaritan unless one of the 5 Omission exceptions are relevant.
• Duty arising from Statute (Act of Parliament)


  An example: The Road Traffic Act 1988. If you are in an accident and fail to stop and exchange details or call the police, you are guilty of an omission to act.
• Duty Arising from special relationships

  This Law creates a duty for parents to act to maintain the welfare of their child. If harm is caused by a failure to act, parents can be criminally liable.
• Special Relationships - R v Gibbons and Proctor


  Case Facts: The defendants locked their 7-year-old, Nelly, in a room and starved her to death despite being able to feed her. They then hid her body.

  Points of Law: They were found guilty of murder by omissions as Gibbons by special relationships failed to act out his duties as her father.
• Duty arising from the Assumption of care for another.


  This law creates a duty if a person voluntarily undertakes the responsibility to care for another who is unable to care for themselves. If this person then fails to act in their duty and harm comes to the vulnerable person, they can be found criminally liable.
• Assumption of care - R v Instan


  Case Facts: Instant initially voluntarily looked after her aunt who was ill. She then stopped looking after her and her Aunt died of Gangrene.

  Points of Law: Instan's failure to continue looking after her aunt meant she was found guilty of manslaughter by omissions.
• Duty arising from official, contractual or Public Duties


  A defendant could gain liability through a failure to discharge their official duties or not perform their role when in employment.
• Official, contractual or public duties - R v Pitwood


  case facts: Contractual duty. Horse and cart went over a railway and they all died. It was the defendant's job to open and close the railway gate but he forgot to.

  Points of Law: Guilty of manslaughter by an omission to carry out his contractual duties.
• Official, contractual or public duties: R v Dytham


  case facts: Public Duty. The defendant was an off-duty police officer who watched a man be beaten to death.

  Points of law: he was found guilty of failing to perform his public duty.
• Duty to Avert a danger of one's own making


  If the defendant creates a dangerous situation through their own fault, then the defendant may be liable for failing to take reasonable steps to prevent that danger.
• Danger of one's own making - R v Miller


  Case facts: The defendant was squatting in a house when he fell asleep with a lit cigarette. It started a fire, instead of putting it out, he walked away.

  Points of Law: He was found guilty of arson as he failed to put out the fire he started so he failed to avert the danger he had caused.