Omissions

Question 1

What is the model answer for an omission?

Answer 1

AR can be committed in 3 ways: a positive voluntary act (Hill v Baxter), a State of Affairs crime (Larsonneur) and through an omission. An omission can only form the AR of a crime if the D has a duty to act. There are 5 situations where the D’s omission can become their AR for a crime because they have a duty to act. These are: contractual duty (Pittwood), duty of care (Gibbins & Proctor), a duty of care voluntarily accepted (Stone & Dobinson), public duty (Dytham) and creating a dangerous situation and doing nothing to fix it (Miller).
Here…