omissions Flashcards
What is an omission?
A defendant is only guilty of a crime when failing act, where he or she is under duty to act
What is a statutory duty?
Where a statute has specifically enforced a duty to act then this must be carried out.
What is a public duty?
The duty to report or failure to act or intervene due to a public position
R V Dytham
What is a contractual duty?
where D has a contractual duty to complete a certain action.
R V Pittwood
What is a voluntary duty?
Where D voluntarily assumes a caring role they must act in a certain way that is reasonable based on the standards of the reasonable and competent person
R V Stone and Dobinson
What are special relationships?
Where there is a familial relationship there is a duty to act
R V Gibbins and Proctor
What are dangerous situations?
Where the D causes a dangerous situation they must act to prevent the harm from occurring
R V Miller
