Omissions Flashcards
r v pitwood
railway crossing guard left gate open and went to lunch. hay cart stuck and driver killed.
gatekeeper convicted of manslaughter as he failed to close the gate
what’s the children and young persons act 1933
makes it an offence to fail to provide medical care
what’s the road traffic act 1988
failure to wear a seatbelt
r v miller
d squatting in a building, falls asleep on a mattress w a lit cigarette. woke up to find the mattress on fire and instead of raising an alarm or trying to put the fire out he went to another bedroom and went to sleep. convicted of arson
r v stone and dobinson
s’s sister came to live w s and d and was bedridden. s and d knew she was neglecting herself and her condition was deteriorating but didn’t assist her or summon help. she died and they were convicted of man slaughter.
r v dytham
a police officer was held guilty of a crime in when he failed to perform his duty by not protecting a citizen who was being kicked to death
what are the 5 types of omissions
duty arising from a contract
duty arsing from a statute
duty arising from conduct
voluntary assumption of duty
public duty
what’s the case for public duty (omissions)
r v dytham
what’s the case for voluntary assumption of a duty (omissions)
r v stone and dobinson
what’s the case for conduct (omission)
r v miller
what are the statutes for omissions
children and young persons act 1933
road traffic act 1988
what is the case for contract
r v pitwood
what is an omission
failure to act
does an omission count as actus reus
yes
