Criminal Law - Omissions

Question 1

What are the categories of cases in criminal law where D has a duty to act? [6]. Give case law examples for all categories.

Answer 1

1. Special relationship (e.g. parents and children, including step-parents)
2. Voluntarily assumption of responsibility
   
   • R v Stone & Dobinson - care for elderly or vulnerable family or friends
   • R v Ruffell - D tried to revive V after both took drugs. D was told to take V in and keep him warm but failed to do this
3. Creation of a dangerous situation
   
   • R v Miller - sleeping after creating a fire;
   • R v Evans - V took drugs in D1 and D2’s home. Even though D1 checked on V occasionally, both Ds were found guilty.
     In (Evans), the mother should have taken “reasonable steps to summon assistance”.
4. Contractual
   
   • R v Pittwood - he was a gatekeeper for train level-crossings.
5. Statute (e.g. it is illegal to avoid providing a breathalyzer sample to test for intoxication in road traffic offences)
6. Profession
   
   • R v Dytham - police officers owe a duty to the public and should prevent obvious crimes

Question 2

What is the rule on criminal liability for omissions?

Answer 2

You cannot be liable for a “pure omission” (e.g. baby drowning on street); you must have a DUTY to act.