EXAM ANSWER STRUCTURES

Question 1

PQ Structure for ILLEGAL OMISSIONS

Answer 1

(1) There is an omission from the facts.

(2) This is an illegal omission / no such duty of rescue
- Illegal omissions must refer to s32 PC: Only omissions, which are illegal will attract criminal liability.
- Definition of ‘illegal’ under s43 PC: 3 categories

(2a) Is this an omission is criminalised under the PC?
- Look at PC to find provisions that criminalise the omissions (which provision i.e. s119, 175, 176, 121D, 202 PC)

(2b) Omission prohibited by law?
- Is this an omission prohibited by any other statute?
- If so, does the statute consider this an offence? Is this an offence under the Penal Code? (Find a provision in the Penal code which links the breach of obligation to an offence ss 304, 336, 337, 338 PC).

(2c) Offence furnish a ground for civil action
- Does the offence furnish ground for civil action - under Negligence OR Contract Law?
- If negligence, is it a special relationship (what is the relationship) OR voluntary assumption of responsibility (what was done to assume responsibility.) OR putting the person in the dangerous situation. [Benoy Chandra]
 Has the duty been discharged?
 Is this an offence under PC (find a provision that makes it an offence)?

• If Contract, failure to perform a contractual obligation can form the basis of criminal liability. [R v Pickwood]
   Is this an offence under PC (find a provision that makes it an offence)?