Omissions

Question 1

What is an Omission?

Answer 1

An omission is a ‘failure to act.’

A general principle to English Law is that an omission does not generally amount to an actus reus.

Question 2

Exception 1 - When a person’s contract requires them to act. PITTWOOD (1902).

Answer 2

Pittwood was employed as a gatekeeper, he left for lunch, leaving a gate open allowing traffic to cross the railway. A cart got hit - killing one.

Question 3

Exception 2- When a person’s public position requires him to act. DYTHAM (1979).

Answer 3

A uniformed policeman watched a man being kicked to death - made no attempt/effort to stop the scene before driving away

Question 4

Exception 3- Where a person fails to minimise the harmful consequences of his act. - MILLER (1983).

Answer 4

Had been squatting in a house, fell asleep smoking in a bedroom. Woke up to see the room on fire and decided to move to the next room and slept - guilty of criminal damage.

Question 5

Exception 4- Where a person voluntarily takes on duty. STONE AND DOBINSON (1977).

Answer 5

Defendants lives together, took in anorexic step-sister and made no
effort to help her medically, allowing her to die, guilty of manslaughter.

Question 6

Exception 5- Where an act of Parliament requires them to act. - SECTION 188 OF ROAD TRAFFIC ACT.

Answer 6

Failure to wear a seat belt or report an accident.