Omissions

  • Created by: debbieoxt
  • Created on: 12-05-18 11:11
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  • Omissions
    • Actus reus - the 'doing' part of any crime.
    • Hill v Baxter - To commit the actus reus of a crime, the conduct must be voluntary.
      • Exception - Larsonneur - For state of affairs crimes, the actus reus doesn't need to be voluntary. The actus reus occurs by 'being found' in a certain situation.
    • An omission is the failure to do something.
    • The general rule regarding omissions is that you can't commit a crime by failing to do something.
    • Exceptions - someone will be liable if they fail to act when they have a duty because of a special relationship, a duty because of a contract, a duty that has been voluntarily accepted, a duty because of a special position and a duty because of a dangerous situation.
    • Gibbins and Proctor - D convicted of murder because he had a duty of care for his daughter and failed to do so.
    • Adomako - D convicted of manslaughter as he had a duty of care because of his contract.
    • Stone and Dobinson - D's convicted of manslaughter as they had voluntarily accepted a duty of care to look after the victim.
    • Dytham - D convicted of neglecting to perform his duty because he had a duty because of his position of a police officer.
    • Miller - D convicted of arson as he had a duty to remedy the dangerous situation that he had created.
    • S.8 Road Traffic Act 1988 states that it is an offence to fail to provide a specimen of breath when asked to do so by a police officer.
    • S.1 Children and Young Persons Act 1933 states that a parent or guardian can be prosecuted for a failure to look after their child.

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