Omissions Flashcards
What happened in the case of Larsonneur
The defendant was deported from the UK to Ireland but got rejected and sent back. Guilty of breaching her deportation order
What is a criminal omission?
A failure to act
What is the rule on “failure to act” in England?
There is generally no liability for failing to do something. But you can be liable if a duty exists
What is a state of affairs crime?
Crimes where the defendant needs no mens rea to be guilty
What are state of affairs crimes?
Crimes where there is no mens rea necessary to convict
What happened in the case of Larsonneur?
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.
What is a criminal omission?
A failure to act where a duty is owed
What is the law on omissions in the UK?
Generally there is no liability for failing to do something but you you can be liable if a duty exists.
What is the law on omissions in countries such as France?
They have a “Good Samaritan Law” where it’s criminal to ignore someone in help
What is “a duty arising from a contract”?
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)
What happened in the case of Pittwood?
The defendant was guilty of manslaughter after he didn’t close a railway crossing gate that he was contractually obligated to look after
What is a “duty arising from a statute”?
Where a defendant is under a duty to act because of a statute governing what to do in situations
What is “a duty arising from a special contract”?
Where you have a duty to look after someone on account of who you are to them (i.e. Parent- child, spouse-spouse)
What happened in the case of Downes?
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
What happened in the case of Gibbins and Proctor?
Parents deliberately starved their 7 year old daughter to death and were guilty of murder by omission
What is a duty from “voluntary assumption of duty to care”?
Where someone has a duty to care for someone under a temporary duty of care (I.e. Siblings when a parent goes out)
What happened in the case of Stone and Dobinson?
The defendant was supposed to look after his sister. They neglected her and she died as a result. Guilty of manslaughter by omission.
What happened in the case of Khan?
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.
What happened in the case of Evans?
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.
What is a duty arising from a public or legal duty to act?
Where a defendant is required to act as a result of being a public servant (policemen)
What happened in the case of Dytham?
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.
What is a “duty arising from the creation of a dangerous situation”?
Where you create a dangerous situation and are responsible for minima listing risks you have created
What happened in the case of Miller?
The defendant set a mattress on fire and was guilty of criminal damage by omission when the blaze set other things on fire
What happened in the case of Santana Bermudez?
A defendant failed to tell a police officer about how there were sharp objects in their pockets and was guilty
