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Law G153 Revision
Omissions



Omissions


Specification

You will be able to understand the idea of actus reus
You will be able to identify situations where an omission will be enough for the
actus reus of a crime.
You will be able to use at least one case to support your…

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take adequate precautions. Similar precautions had been taken in the past but they were
obviously inadequate as the fastening was not good enough and the enclosure not secure.
Contractual duty to act

If a person owes a contractual duty to act, then a failure to meet this contractual duty may…

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resulted in its death, did not necessarily constitute manslaughter where accused had failed to
foresee the consequences of his neglect. Guilty of wilful neglect, not guilty of manslaughter the
mental element of the offence had not been established
Stone and Dobinson 1977 : (also in case notes)Ted Stone was 67,…

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Court of Appeal rejected on appeal on the bases it was impossible to see how they could not
have drawn the interference that D and E intended V's death.
Problematic Omission cases

Khan & Khan 1998: Duty of care Facts: D and E were drug dealers in Birmingham. V, a…

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Punishing omissions infringes individual freedoms?
Does human life override this?
France and the good Samaritan law
Huge number of potential defendants.
When does voluntary duty end?
If medical treatment is futile, there is no obligation on a doctor to continue it.

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