1: Acts Rea : Omission Flashcards
what are the 5 categories to act?
Offence-specific duties Contractual duties Familial duties Voluntary assumption of care duty Creation of a dangerous situation duty
what is Offence-specific duties? EG?
Duty to act is imposed in a particular statute or by common law
the failure to act constitutes the specific offence
Eg Road traffic Act 1988, s.170(4) failure to report a road accident
what are contractual duties? EG.
Where D has a contractual duty to act, this may be recognised as forming basis for omissions liability in criminal law
Examples: doctors, carers
what cases are related to contractual duties?
Example: Pittwood (1902) 19 TLR 37
what happened in Example: Pittwood (1902) 19 TLR 37? Contractual duty
D was a gatekeeper at a railway. He had opened the gate to allow a cart through and then forgotten to close it. Another cart was hit by a train and the train driver was killed.
D was liable for manslaughter based on his failure to perform his contractual duty to close the gate.
what is Familial duties? EG.
When there is an established duty between family members.
EG. between a married couple or a relationship between a parent and a child.
However it is not related between siblings or grandparents they do not have duty.
what are the 3 cases related to familial duty?
Gibbons & Proctor (1918) 13 Cr App R 134: failure to feed liable for murder
Evans (Gemma) [2009] EWCA Crim 650: failure to summon medial aid when daughter overdosed on heroin liable for gross negligence manslaughter
However may not extend to adult children:
Sheppard (1862) Le & Ca 147 – no duty to 18 year old daughter
what is Voluntary Assumption of Responsibility?
A duty arises where D has voluntarily undertaken to care for V in a situation where V is unable to care for themselves
The duty is based on D having assumed responsibility for V.
when is Duty not based for Voluntary assumption of responsibility?
on contractual duties (i.e. between a paid carer and V)
or on the status of the relationship between D and V,
or on living together
Give example of cases where there tends to be some kind of relationship/ living in the same home but is not a legal relationship?
Gibbons and Proctor (above) – step-mother
Stone & Dobinson [1977] QB 354 (CA)
what happened in the Stone & Dobinson [1977] QB 354 (CA)?
Stone & Dobinson [1977] QB 354 (CA):
V came to live with her brother (S) and his partner (D). V suffered from anorexia nervosa and became increasingly unwell and eventually became bedridden. S & D did nothing to help her. She died and they were convicted of gross negligence manslaughter;
Duty arose where D undertook the care of a person who by reason of age or infirmity was unable to care for themselves
what is the Creation of a dangerous situation duty? (also known as endangerment)
Where D has created a dangerous situation, D may be under a duty to prevent the harm resulting.
Two important cases:
Miller [1983] 2 AC 161 (HL)
Evans [2009] EWCA 650
what are the 2 cases for Creation of a dangerous situation duty?
Miller [1983] 2 AC 161 (HL)
Evans [2009] EWCA 650
what happened in Miller [1983] 2 AC 161 (HL) ?
Facts:
D was drunk an fell asleep with a lighted cigarette in a house where he was staying
When he woke he discovered the mattress was on fire
He moved into another room – did nothing to stop the fire
Procedure:
Was charged with arson (criminal damage by fire) and convicted
CA: dismissed appeal – conviction upheld
HL: certified question because CA dismissed appeal
what was the result of Miller [1983] 2 AC 161 (HL) ?
D did something where (inevitably) created a dangerous situation and becoming aware of it he failed to take steps to avert it.
An omission
what is an omission?
A failure to perform an act where an individual has a duty to act upon or is required by law.
what happened in the case Evans [2009] EWCA 650?
D was V’s half sister.
D supplied V with heroin which she injected and became unwell but D did not realise that.
D did not summon any medical attention which resulted to V’s death.
what was the result in Evans [2009] EWCA 650?
h
what was the difference between the cases Evans and Miller?
Miller (HL) – D has a duty to act having created a dangerous situation where he became aware of the danger he created
Evans (CA) – wider: D has a duty to act having created a dangerous situation where she became aware or ought to have become aware of the danger created
what does the breach of duty mean?
A failure to do something that you are legally responsible for
what is the difference between acts and omissions?
llllllllll
what happened in Fagan V Metropolitan Police Commissioner [1969] 1 QB 439?
D accidentally drove car onto foot of police officer. When officer ask him to move he refused to do so: he stayed on the foot.
D appealed on the basis that there cannot be an offence in assault in omitting to act and that driving on to the officer’s foot was accidental, meaning that he was lacking mens rea when the act causing damage had occurred.
The legal issue here was whether the prosecution had proven facts which had amounted to an assault.
For an assault to be committed both actus reus and mens rea must be established at the same time.
what was the result in Fagan V Metropolitan Police Commissioner [1969] 1 QB 439?
On this basis, it was held that Fagan’s crime was not the refusal to move the car but that having driven on to the foot of the officer and decided not to cease the act, he had established a continual act of battery. This meant that actus reus and mens rea were present and as such, an assault was committed.
what 2 things must there be for an assault to be committed?
For an assault to be committed both actus reus and mens rea must be established at the same time.
