Criminal- Omissions Flashcards
Description
Failing to act
Only positive acts can make someone liable
Failing to do something isn’t a crime unless they have a duty of care
Gibbons and Proctor
The parents owed a duty of care when they they failed to feed or look after the child who died.
Pittwood
When the defendant failed to close a railway crossing gate and someone died he owed a duty through his employment contract.
Stone and Dobinson
The defendant offered to look after a sick relative who died because of their failure to act. A duty of care was created when they voluntarily took responsibility for the victim.
Miller
The defendant set fire to a mattress and did not put it out or get help. He created a dangerous situation and failed to get help for it so he owed a duty of care.
Dytham
A police officer failed to break up a fight and someone died. Public officers owe a duty of care
