Omissions - actus reus 

HideShow resource information
View mindmap
  • 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
    • 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
    • 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


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »