Omissions Flashcards

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1
Q

The normal rule is that:

A

An Omission will not satisfy the actus reus of a crime unless there is a duty to act.

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2
Q

Duty arising out of a contract=

A

R-V-Pittwood
(D) a railway gate keeper left the railway for his dinner and whilst he was away a train hit a man crossing the line and killed him, (D) had a contractual duty to close the gate and prevent harm, he failed to do this, his omission satisfied the actus reus of manslaughter.

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3
Q

What is an Omission?

A

A failure to act / therefore not an act.

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4
Q

Duty arising Through ones official position=

A

R-V-Dytham
A uniformed police officer witnessed a man being kicked to death and made no attempt to intervene, and drove away when it was over. His failure to act satisfied the actus reus of the crime of misconduct in a public office.

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5
Q

Duty arising from the creation of a dangerous situation=

A

R-V-Miller
(D) was squatting in a house when he was asleep and his cigarette set his mattress on fire, he then awoke and moved to another room noticing the fire and he returned to sleep. Once he had a duty to minimise the effects of the fire, his omission satisfied the actus reus of arson.

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