Omissions Flashcards
What are the two rules of omissions?
A) check that the offence can be committed by an omission as some cannot e.g constructive manslaughter
B)if it can be committed by omission, there can only be criminal liability if D is under a duty to act
Case example of a duty arising from a contract
Pittwood, a railway employee left a level crossing unattended, resulting in the death of a hay cart driver. It was held as manslaughter by omission.
Example of a duty arising from a statute
Road Traffic Acts- failing to report an accident
What is a positive act?
Actively doing something e.g stabbing someone
What are state of affairs crimes?
Crimes of absolute liability. The conduct need not be voluntary and no mens rea is required. Case of Larsonneur where D was deported from the UK to Ireland but they sent her back against her will. Held- guilty of breaking immigration laws.
What are the two types of duty arising from a special relationship?
Automatic Assumption of duty to care (Parent/child)
(Spouse to spouse)
Voluntary assumption of duty to care (co-habitation)
Explain Gibbins and Proctor. (Automatic)
Parents starved Nelly their 7 year old daughter. The father owed an automatic duty, the step mother had voluntarily assumed a duty. Held- both guilty of murder by omission
Explain Stone and Dobinson. (Voluntary)
Stone and his girlfriend looked after stone’s sister, Fanny. They neglected her and she died. Held- guilty of manslaughter
Explain Khan.
Drug dealers were not under a duty to get medical help for their drug users. There was no voluntary assumption of a duty to care. Held- not guilty.
Explain Evans.
A mother and her 2 daughters were heroin addicts. Carly died from an overdose. The mother was guilty of manslaughter by omission as she automatically owed a duty of care. Following Khan the sister did not voluntarily owe a duty however she did owe a duty under the Miller rule. (Sister supplied Carly with drugs)
What case explains a duty arising from a public or legal duty to act.
Dytham, a PC on duty committed an offence when he knowingly failed to intervene when the victim was thrown out of a nightclub and beaten to death by a bouncer.
What is another name for a duty arising from the creation of a dangerous situation?
Supervening fault.
Explain the case of Miller under supervening fault.
A tramp squatting in a flat accidentally set a mattress in fire with a cigarette. He left the building a caused £800 worth of damage. He could not be guilty of criminal damage for the act of arson but he was guilty for the omission as he should have minimised the harm caused.
Explain the case of Santana-Bermudez under supervening fault.
The D did not tell a police officer he had sharps in his pocket. The officer was injured. The D was guilty of ABAs he failed to minimise the harm caused by the omission.
What are the two situations where there is doubt whether there is an act or omission?
Continuing act- Fagan
Doctors and euthanasia- there was no duty to continue to feed in Airdale NHS Trust v Bland.
