Omissions

Question 1

What happened in the case of Larsonneur

Answer 1

The defendant was deported from the UK to Ireland but got rejected and sent back. Guilty of breaching her deportation order

Question 2

What is a criminal omission?

Answer 2

A failure to act

Question 3

What is the rule on “failure to act” in England?

Answer 3

There is generally no liability for failing to do something. But you can be liable if a duty exists

Question 4

What is a state of affairs crime?

Answer 4

Crimes where the defendant needs no mens rea to be guilty

Question 5

What are state of affairs crimes?

Answer 5

Crimes where there is no mens rea necessary to convict

Question 6

What happened in the case of Larsonneur?

Answer 6

The defendant was deported from the uk to Ireland but got sent back. She was guilty of breaching her deportation even though she didn’t even want to come back lol bants.

Question 7

What is a criminal omission?

Answer 7

A failure to act where a duty is owed

Question 8

What is the law on omissions in the UK?

Answer 8

Generally there is no liability for failing to do something but you you can be liable if a duty exists.

Question 9

What is the law on omissions in countries such as France?

Answer 9

They have a “Good Samaritan Law” where it’s criminal to ignore someone in help

Question 10

What is “a duty arising from a contract”?

Answer 10

Where a defendant has a contractual duty to do something and failing to do so is a criminal liability (I.e. a childminder or a lifeguard)

Question 11

What happened in the case of Pittwood?

Answer 11

The defendant was guilty of manslaughter after he didn’t close a railway crossing gate that he was contractually obligated to look after

Question 12

What is a “duty arising from a statute”?

Answer 12

Where a defendant is under a duty to act because of a statute governing what to do in situations

Question 13

What is “a duty arising from a special contract”?

Answer 13

Where you have a duty to look after someone on account of who you are to them (i.e. Parent- child, spouse-spouse)

Question 14

What happened in the case of Downes?

Answer 14

A cult of people believed in prayer over the effects of medicine. Long story short, a child in the cult died and the parents were blamed for not getting him help

Question 15

What happened in the case of Gibbins and Proctor?

Answer 15

Parents deliberately starved their 7 year old daughter to death and were guilty of murder by omission

Question 16

What is a duty from “voluntary assumption of duty to care”?

Answer 16

Where someone has a duty to care for someone under a temporary duty of care (I.e. Siblings when a parent goes out)

Question 17

What happened in the case of Stone and Dobinson?

Answer 17

The defendant was supposed to look after his sister. They neglected her and she died as a result. Guilty of manslaughter by omission.

Question 18

What happened in the case of Khan?

Answer 18

Drug dealers were not under a duty to get medical help for their clientele if they were in peril as there was no duty of care. Not guilty of manslaughter by omission.

Question 19

What happened in the case of Evans?

Answer 19

A mother and her daughter were heroin addicts. When her daughter overdosed, the mother didn’t try to help her or seek help. Guilty of manslaughter by omission as she had a duty to get help.

Question 20

What is a duty arising from a public or legal duty to act?

Answer 20

Where a defendant is required to act as a result of being a public servant (policemen)

Question 21

What happened in the case of Dytham?

Answer 21

A police officer on duty committed an offence when he ignored a man being kicked to death outside a nightclub. Guilty as he had a duty to act.

Question 22

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

Answer 22

Where you create a dangerous situation and are responsible for minima listing risks you have created

Question 23

What happened in the case of Miller?

Answer 23

The defendant set a mattress on fire and was guilty of criminal damage by omission when the blaze set other things on fire

Question 24

What happened in the case of Santana Bermudez?

Answer 24

A defendant failed to tell a police officer about how there were sharp objects in their pockets and was guilty