Explain how an Omission can be the basis of the AR of a crime (8)
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- Created by: Katie Beaumont
- Created on: 16-04-16 14:10
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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
- 1) No criminal liability needed for an OMISSION to act
- But people have a LEGAL DUTY
- No GOOD SAMARITAN LAW
- No duty to act
- No GOOD SAMARITAN LAW
- 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 D omitted to close level crossing gates resulting in V's death
- Where duty is outlined in a CONTRACT
- Pittwood
- 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
- D's duty was outlined because of his official status and he failed to intervene in a fight he witnessed
- 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
- Duty through an Act of Parliament
- 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
- 1) No criminal liability needed for an OMISSION to act
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