Omission Information OCR G153

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  • Created on: 03-06-14 20:38
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Nadine Allen
Omissions
What is an omission?
If you have a duty to act and you fail to do so you can be guilty of an offence.
Normally you have to commit an act to be guilty.
Duty of care examples:
Teacher - Student Parent ­ Child Doctor- Patient Police ­ Public
Statutory Examples
BAIL ACT ­ failing to turn up to court/police stations
ROAD TRAFFIC ACT ­ failing to wear a seatbelt, failing to stop at a red light,
failing to provide a breath sample
Battery by an omission
FAGAN ­ D ran over a policeman's foot and failed to get off it when he
answered.
Court ruled that you CAN'T be guilty of a battery by an omission. They upheld
his conviction and said it was one continuous act. D was still guilty.
SANTANA BERMUDEZ ­ D failed to tell a policewomen he had a needle in his
pocket when being searched. Policewomen injured herself.
Courts said that you CAN be guilty of a battery (and ABH) by an omission
Reform
Reports have been written and passed onto Parliament but the law hasn't
changed and no act has been created showing Parliament must be happy with
it.
1993 ­ Law commission said that you should only be guilty of an omission when
it's a serious offence. They also wanted the Miller principle of creating a
dangerous situation and failing to put it right to be made into an Act.
What is a serious offence?? Will there be a list etc.
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Nadine Allen
Good Samaritan Law
In France and Netherlands ­ a general and legal duty is placed upon the
general public to help an emergency situation. E.g. when Princess Diana
crashed in her car the paps first stopped to take photos when they should have
helped her.…read more

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Nadine Allen
SITUATION CASE BRIEF FACTS COMMENT
Contractual Pittwood Railway attendant who Harsh sentence, was a
Duty left the gate open mistake and wasn't even
accidently, people got at the scene. But it is part
onto track and was hit by of his job so should have
train.…read more

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Nadine Allen
D causes a Miller Squatter fell asleep whilst Fitting sentence ­ D
dangerous smoking and woke up to caused the fire and failed
situation find his mattress on fire. to put it out or call for
Didn't attempt to put it help
out and just went into
another room to go back
to sleep.…read more

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