Criminal 1 - core principles - omissions

Question 1

When will D be under a legal duty to act (for omissions)?

Answer 1

• Statute
• Public office
• Contractual
• Special relationship (e.g. doctors & patients, parents and children, spouses)
• Voluntary assumption
• D creates a dangerous situation

Question 2

Omissions & crim liability - What are examples of special relationship?

Answer 2

• wife died from broken bones and H failed to get assistance
• Father allowed daughter Nelly to starve to death
• refusal to separate conjoined twins

Question 3

Omissions & crim liability - What are examples of voluntary assumption?

Answer 3

• defacto wife of Nelly also allowed Nelly to starve
• Elderly aunt with gangrene gave money to niece, niece didn’t get food for aunt or summon medical help - manslaughter
• couple tried to make elderly anorexic sister eat but gave up & didn’t seek help
• drug user on the doorstep, mum asked them to take him in, they didn’t he died.

Question 4

Omissions & crim liability - What are examples of contractual duty?

Answer 4

level-crossing gatekeeper failed to close gate

Question 5

Omissions & crim liability - What are examples of public duty?

Answer 5

• policeman ignored man being kicked to death

Question 6

Omissions & crim liability - What are examples of creating the dangerous situation?

Answer 6

• squatter fell asleep after accidently setting fire to mattress, noticed, got up a slept somewhere else and went back to sleep - Arson
• giving a drug user a syringe, they injected and OD, didn’t call for help.

Question 7

Omission and actus reus- What is the rule where D creates a dangerous situation?

Answer 7

If person
- accidentally creates risk,
- becomes aware of it.
- duty to take reasonable steps to counteract the damage created

(Drugs to 16 yr old and squatter causes fire)