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Law > Omissions > Flashcards

Omissions Flashcards

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1
Q

What happened in the case of Larsonneur?

A

Defendant was deported from uk to Ireland but she was sent back to the uk against her will. She was found to be breaking immigration laws even though she didn’t want to be.

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2
Q

What is an omission?

A

A failure to act

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3
Q

When can someone be guilty of an omission

A

If a defendant is under a duty to act in a situation

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4
Q

What is omission caused by a duty arising from a contract?

A

Where someone’s contractual job description means they have to act

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5
Q

What happened in the case of Pittwood?

A

People on a haycart died when a man hadn’t shut the train crossing gate. He was guilty because he had a duty to close the gate

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6
Q

What is a duty arising from a statute?

A

Where a statute says that anyone has a contractual duty to act in a particular circumstance

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7
Q

What is a state of affairs crime?

A

A crime where the defendant needs no mens rea in order to be guilty

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8
Q

What does “a duty arising from a special relationship” mean

A

Where someone has a position to look after someone else because they are family married etc

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9
Q

What happened in the case of “Downes”?

A

A cult believed in the benefits of prayer over medicine. A child member died as a result of this belief and the parents were guilty of manslaughter by omission.

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10
Q

What happened in the case of “Gobbins and Proctor”?

A

Parents deliberately starved their daughter. Guilty of murder by omission because they had a right of care

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11
Q

What is a “Voluntary assumption of duty of care”?

A

Where someone else takes responsibility for someone for a short period of time

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12
Q

What happened in “Stone and Dobinson”?

A

Stone and his girlfriend looked after his sister. They neglected her and were guilty of manslaughter by omission because they owed a voluntary of care.

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13
Q

What happened in the case of “Khan”?

A

Drug dealers were not under a duty to get medical help for their clients. Not guilty of manslaughter by omission because there was no voluntary duty of care.

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14
Q

What is “a duty arising from a duty to act”?

A

Where someone is under a duty to act in a situation because they are a policeman etc

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15
Q

What happened in the case of “Dytham”?

A

A police officer on duty committed an offence when he failed to intervene when a man was beaten to death

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16
Q

What happened in the case of “Evans”?

A

A mother failed to get help after her daughter had an overdose. She was guilty of manslaughter by omission because she had a duty to care

17
Q

What is “a duty arising from the creation of a dangerous situation”?

A

Where you have a duty to minimise risks you’ve created

18
Q

What happened in the case of “Miller”?

A

Someone squatting in a flat set a mattress on fire and caused a lot of damage. Guilty of criminal damage by omission as he had a duty to minimise the risk

19
Q

What happened in the case of “Santana-Bermudez”?

A

Defendant didn’t tell a police officer that he had sharps in his pocket. Defendant was guilty of ABH as he failed to minimise the harm caused by his omission

20
Q

What is a continuing act?

A

Where the actus reus and the mens rea must coincide but the prosecution can imply that the actus reus may be ongoing.

21
Q

What happened in “Airdale NHS v Bland”?

A

Doctors who wanted to turn off a patient’s oxygen supply weren’t guilty of a crime because it was in his best interests.

22
Q

What Omissions case could be associated with the phrase “this mattress is hot”?

A

Miller

23
Q

What Omissions case could be associated with the phrase “Annoying children get no food”?

A

Gobbins and Proctor

24
Q

What Omissions case could be associated with the phrase “Fanny has been very quiet recently”?

A

Stone and Dobinson

25
Q

What Omissions case could be associated with the phrase “just because I sold you drugs doesn’t mean I have to look after you”?

A

Khan

26
Q

What Omissions case could be associated with the phrase “Shut the gate, the train is coming”?

A

Pittwood

27
Q

What Omissions case could be associated with the phrase “Ouch there was a needle in there”?

A

Santana Bermudez

28
Q

What Omissions case could be associated with the phrase “I’ll look the other day so that man can be kicked”

A

Dytham

29
Q

What Omissions case could be associated with the phrase “But I don’t want to be in England - your food is terrible”

A

Larsonneur

Law (1 decks)

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