Actus Reus - Omissions

Question 1

What is an omission

Answer 1

A failure to act

Question 2

Why are the exceptions to the rule

Answer 2

• a statutory duty
• a contractual duty
• a duty because of a relationship
• a duty which has been taken on voluntarily
• a duty through one’s official position
• a duty which arises because of a set chain of events

Question 3

What is a statutory duty

Answer 3

Where an act of parliament creates liability for an omission.
E.g. s1 children and young persons act 1933 parents are legally responsible to provide food, clothing etc.. for their child

Question 4

What is a contractual duty

Answer 4

Following R v Pittwood it’s a failure to do their duty (omitted to shut gates but didn’t)

Question 5

What is a duty because of a relationship

Answer 5

Following R v Gibbons & Proctor - a father had a duty to feed his daughter + mistress took on a duty by feeding the other kids

Question 6

What is a duty which has been undertaken voluntarily?

Answer 6

R v Stone & Dobinson - Dobinson had undertaken a duty by helping care for her- duty was to either help her or summon help

Question 7

What is a duty because of one’s official position?

Answer 7

Following R v Dytham - police officer guilty for wilfully neglecting to perform his duty

Question 8

What is a duty which arises due to a set chain of events?

Answer 8

Following R v Miller - owing a duty and being liable - squatter accidentally started a fire

DPP v Santa-Bermudez - D knew there was a dangerous situation but failed to take any steps

Question 9

Example of the duty of doctors

Answer 9

Airedale - doctors decide to stop treatment if it’s in patients best interest

Question 10

Example of a problem of deciding when a duty exists

Answer 10

R v Khan & Khan - CoA a duty could be to summon medical assistance in certain circumstances