Omissions Flashcards
What is a positive act … Example
Slapping someone
What are the three types of crimes
Positive act
State of affairs crimes
Crimes of omission
What is a state affairs crime
Crimes of absolute liability.
Conduct need not be voluntary and no meme tea is required or where D has done nothing but is responsible for a state of affairs existing.
Larsonneur
What is an omission
Failure to act.
Sometime it’s not clear weather there is an act or omission e.g. Not having a TV licence.
The offence is not failing to have a TV licence but the positive act of operating a TV without one
What’s the difference between English law and French law.
England: generally no liability for failing to do something but you can be liable if a duty exists.
France: Good Samaritan law. People are under a positive duty to act to minimise harm e.g. Princess Diana
If the offence can be committed by omission (some can’t) there can only be criminal liability IF…
The D is under a duty to act.
What’s the first duty
Contractual duty.
E.g. Childminder or a lifeguard.
Pitwood
What’s the sending duty
Duty arising from a statute.
Road traffic act. Failing to wear a seatbelt. Failing to stop and red lights
What’s is the third duty
Duty arising from a special relationship
Automatic assumption of duty to care (parent to child)
Gibbins and Procter
Voluntary assumption of duty to care.
Stone and dobinson
Khan and Evans.
what’s the fourth duty
A duty arising from a public or legal duty to act
Dytham
What’s the fith duty
A duty arising from the creation of a dangerous situation. (Minimising the risks you have created)
Miller
Santana Bermudez
What are the two situations where there is doubt to weather there is an act or omission
Continuing act - the AR and the MR must coincide but the AR may be ongoing.
Fagan
Doctors and euthanasia. -helping the seriously ill to die is illegal but liability only seems to arise for a positive act not for an omission.
