Acts and Omissions

Question 1

What are acts and omissions relevant to?

Answer 1

Actus reus of a crime

Question 2

What does the criminal law usually address?

Answer 2

commissions -> positive, active actions

Question 3

Can omissions lead to criminal liability?

Answer 3

Yes, in certain cases

Question 4

Theoretical justification why you are usually only responsible for active actions

baseline

Answer 4

• when you do something, you change the state of the world from a baseline so you have to take responsibility
• BUT sometimes the baseline state is about what will happen, and by not doing something, the baseline state changes e.g. waiting for a bus that doesn’t come

Question 5

What does the action taken to fix a situation need to be?

Answer 5

objectively reasonable

Question 6

What are the 4 situations where you have a duty to act?

Answer 6

1. Parental duty
2. Contractual duty to act for the benefit of someone
3. Voluntary assumption of a duty
4. Creation of a dangerous situation

Question 7

Case for the contractual duty to act for the benefit of someone?

Answer 7

R v Pittwood [1902]

Question 8

Case for the voluntary assumption of a duty?

Answer 8

R v Stone & Dobinson [1977]

Question 9

2 Cases for the creation of a dangerous situation

Answer 9

1. R v Miller [1983]
2. R v Evans [2009]