Omissions revision

My notes on omissions & relevany cases

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Omissions
An omission is a failure to act where the law states you
must do so. This is different to most criminal law as
usually you actually have to do something to be
arrested.
The rule of omissions means that if you have a duty of
care to a specific person and anything happens to them
you are held (at least partially) responsible. However
in other countries (e.g. France) a `good Samaritan rule'
is in place which means that as long as it is safe to do
so you must help anybody who looks to be in danger.
Because we do not have this rule we can in theory
watch somebody drown without having any legal issues
afterwards.
There are exceptions to the rule that you don't need to
help anyone:
1. A statutory duty
2. A contractual duty
3. A duty because of a
relationship
4. A duty which has been taken
on voluntarily
5. A duty through ones official
position

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A duty which arises because the defendant has set
in motion a chain of events
GIBBINS AND PROCTOR:
Man had a girl along with some other children from a
previous marriage when he moved in with a new
partner. They kept this child separate from the others
and starved her to death. They were both convicted of
murder. The dad was convicted because as a parent
he has a duty to look after the child properly.…read more

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He was convicted of arson.
STONE AND DOBINSON:
Stone's elder sister fanny was left in the care of him and
his wife. Fanny refused to eat as she suffered from
anorexia. They tried as hard as they could to get her to
eat and eventually went to the doctor but he was out of
town so instead got drunk. A few days later fanny was
found to be dead.…read more

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