Areas of Omission Flashcards
What is Actus Reus?
The physical element of a crime
What is Mens Rea?
The mental element of a crime (the intentions behind committing it)
What is omissions?
Failure to act
What are the 6 areas of omission?
Contractual duties, public duties, acceptance of care, duties via relationship, creation of danger, omissions under statute
What is a contractual duty?
The specific duties and responsibilities that each party has agreed to perform under a legally binding contract, e.g medical staff can be LBO
What is the case connected to contractual duties?
Adomako- failed contractual duty when patient was not properly cared for; guilty of gross negligence manslaughter.
What is a public duty?
e.g emergency services can be LBO if they fail to intervene.
What is the case connected to public duty?
Dytham- policeman was about to clock out of his shift and didn’t want to report a bouncer kicking a man to death on the street. LBO by total misconduct
What is acceptance of care?
e.g LBO if you accept the care of a person and you do not fulfill your duty
What is the case connected to acceptance of care?
Stone and Dobinson- was taking care of mentally ill sister, went on holiday and came back to find her dead. LBO as were grossly negligent and charged with manslaughter.
What is duties via relationship?
Duty of care refers to the circumstances and relationships which the law recognises as giving rise to a legal duty to take care; e.g parent to child
What is the case connected to duties via relationship?
Gibbins and Proctor- dad and step-mum seriously neglected his daughter as she was malnourished and died. LBO, failed duty via relationship.
What is creation of danger?
If a person creates a dangerous situation through his own fault, he may be under a duty to take reasonable steps to avert that danger, and may therefore incur criminal liability for failing to do so; e.g if you create a dangerous situation and fail to act you will be LBO
What is the case connected to creation of danger?
Miller- homeless man fell asleep with a lit cigarette and the mattress caught fire, he didn’t put the fire out and instead left the room. He should’ve acted but didn’t therefore LBO
What are omissions under statute?
Some Acts of Parliament will make you LBO if you do not act
