Omissions - actus reus
- Created by: Hayley Petts
- Created on: 22-05-14 12:49
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- Omissions - actus reus
- definition
- a failure to act create criminal liability
- An omission is only sufficient for the actus reus where there is a duty to act
- Statutory Duty
- an Act of Parliament can create liability for an omission
- s.170 Road Traffic Act 1988
- failing to stop or report a road traffic accident
- s.1 Children Young Persons Act 1933
- parents who are legally responsible for a child are under a duty to provide food, clothing, medical aid and lodging for their child
- Contractual Duty
- Pittwood (1914)
- failed to set railway crossing leading to death
- convicted of manslaughter
- Adomako (1995) - anesthetist failed to spot tube was disconnected during operation
- convicted of GNM
- job of work creates liability e.g. teacher or lifeguard
- Pittwood (1914)
- Duty created by an official position
- specific extension of contractual duty e.g. Police
- Dytham (1979) - police officer on duty, saw fight but went off duty without reporting fight or alerting other officers
- convicted of misconduct in public office as could have done something
- Duty created by a relationship
- often an accepted relationship e.g. between parent + child
- Gibbins and Proctor (1918) - father and partner of 7 year old girl isolated child and deliberately starved her
- father convicted of murder based on relationship
- P conviction of murder as she assumed duty to care for child
- A duty has been taken on voluntarily
- person takes on a duty of care for another
- Stone and Dobinson (1977) - S sister who had eating disorder came to live with S + D tried to help her but were ineffectual and she died
- Convicted as had assumed duty of care to her
- duty was to help her themselves or summon help
- creation of a dangerous situation leading to a duty
- a person starts a series of events and their failure to act leads to harm
- Miller (1983) - D fell asleep smoking cigarett and woke up to find mattress on fire so moved rooms
- convicted of arson as did not attempt to put fire out or summon help
- Santa-Bermudez (2003) - asked if anything sharp in pockets before being searched by policewoman. said no but V scratched by needle
- convicted under s47 OAPA 1861 as could have told truth
- Evans (2009) - D gave heroin to half-sister who self injected. Girl collapsed so D and mother put girl to bed
- mother and D convicted of manslaughter as created a situation in which girl died
- end of a duty
- Bland (1993) - B in PVS after 3 years it was clear that B would not recover so application made to stop treatment
- duty of care replaced by duty to act in best interest
- Bland (1993) - B in PVS after 3 years it was clear that B would not recover so application made to stop treatment
- no duty in existence
- Khan and Khan (1998) - k + k were drug dealers and gave heroin to girl who self injected and collapsed. K + K left and girl died
- no duty situation exists between drug dealers and victims
- Khan and Khan (1998) - k + k were drug dealers and gave heroin to girl who self injected and collapsed. K + K left and girl died
- definition
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