Explain how an Omission can be the basis of the AR of a crime (8)

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  • Explain how an omission can be the basis of the AR of a crime
    • 1) No criminal liability needed for an OMISSION to act
      • Airedale v Bland
    • No GOOD SAMARITAN LAW
      • 1) No criminal liability needed for an OMISSION to act
        • Airedale v Bland
      • No duty to act
    • But people have a LEGAL DUTY
      • No GOOD SAMARITAN LAW
        • No duty to act
    • 2) CONTRACTUAL duty
      • Pittwood
        • where D omitted to close level crossing gates resulting in V's death
          • Where duty is outlined in a CONTRACT
      • Where duty is outlined in a CONTRACT
    • 3) PUBLIC duty
      • Duty through one's official status
      • Dytham
        • D's duty was outlined because of his official status and he failed to intervene in a fight he witnessed
          • Duty through one's official status
    • 4) STATUTORY duty
      • Duty through an Act of Parliament
        • D's duty outlined under the CHILDREN & YOUNG PERSON'S ACT
      • Lowe
        • D's duty outlined under the CHILDREN & YOUNG PERSON'S ACT
      • Ried
        • D's duty under the ROAD SAFETY ACT
    • VOLUNTARY assumption Duty
      • Duty through voluntary assumption
      • R v Stone & Dobinson
        • Where a couple volunteered to care for an elderly relative (who couldn't fend for herself) but she died as they failed to care for her
    • DANGEROUS SITUATION Duty
      • By creating a dangerous situation, giving a person a duty to mitigate its effects
      • R v Miller
        • Where D set a mattress on fire in a squat but failed to stop the fire from spreading
    • SPECIAL RELATIONSHIP Duty
      • Duty through a special relationship E.g. Parent/Step-parent
      • R v Gibbins & Proctor
        • Where a couple failed to feed the man's child, even though they had the money to buy the food

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