Omissions

Question 1

Briefly, what is an omission?

Answer 1

When the failure to act amounts to the actus reus of the crime

Question 2

In what circumstances can an omission amount to the actus reus of a crime?

Answer 2

When someone has a legal duty to take action and they do not

Question 3

What has created legal duty?

Answer 3

Common law and statute

Question 4

What is an example of duty imposed by statute?

Answer 4

Children and young persons act 1933, R v Lowe (1973)

Question 5

What case happened in 1973?

Answer 5

R v Lowe

Question 6

In what year was the case of R v Lowe?

Answer 6

1973

Question 7

What happened in the case of R v Lowe (1973)?

Answer 7

The defendant who had learning difficulties failed to call the doctor and his 9 week old daughter died of dehydration and emaciation. The defendant was convicted of manslaughter and wilful neglect under the children and young persons act 1933

Question 8

What duty has been imposed by common law?

Answer 8

Duty imposed by:
Contract 
Public office
Special relationships between parties 
Care of another 
Creation of a dangerous situation

Question 9

What is meant by ‘duty imposed by a contract’?

Answer 9

A person may be liable for an offence if a person is contracted to act in a particular way and then fails to act

Question 10

What case is relevant to duty imposed by a contract?

Answer 10

Adomako (1994)

Question 11

What case happened in 1994?

Answer 11

Adomako

Question 12

What year was the case of Adomako?

Answer 12

1994

Question 13

What happened in the case of Adomako (1994)?

Answer 13

An anaesthetist was convicted of manslaughter because he failed to notice a vital breathing tube had behind disconnected during an eye operation. The patient lost oxygen resulting in brain damage and eventually death

Question 14

What is meant by duty imposed by public office?

Answer 14

When someone who works for the government e.g the police fail to act

Question 15

What case happened in 1979?

Answer 15

Dytham

Question 16

In what year was the case of Dytham?

Answer 16

1979

Question 17

What happened in the case of Dytham (1979)?

Answer 17

Dytham was on duty when he saw three men kick the victim to death. He watched the incident and don’t nothing to intervene. He was convicted of ‘misconduct whilst acting as an officer for justice’

Question 18

What do the courts define as a ‘special relationship’?

Answer 18

Members of families and that they owe a duty of care to one another such as parents and children and husbands and wives

Question 19

What case happened in 1918?

Answer 19

Gibbins and Proctor

Question 20

What year was the case of Gibbins and Proctor?

Answer 20

1918

Question 21

What happened in the case of Gibbins and Proctor (1918)?

Answer 21

They failed to feed the 7 year old child and she died from starvation.

Question 22

What was the outcome of Gibbins and Proctor (1918)?

Answer 22

Both defendants were convicted of murder as they had a duty to care for the child i.e feed it

Question 23

What is meant by ‘duty arising from the assumption of care of another’?

Answer 23

A duty is owed by someone who voluntarily chooses to take care is another. This duty may be expressed or implied (it overlaps with a duty imposed by a special relationship)

Question 24

What duty does someone have if they create a dangerous situation?

Answer 24

To put a stop to that danger or minimise the harm once they become aware of it

Question 25

What case is relevant to a duty of care imposed by a special relationship?

Answer 25

Gibbins and Proctor (1918)

Question 26

What case is relevant to duty arising from the assumption of care of another?

Answer 26

R v Stone and Dobinson (1977)

Question 27

What case happened in 1977?

Answer 27

R v Stone and Dobinson

Question 28

In what year was the case of R v Stone and Dobinson?

Answer 28

1977

Question 29

What happened in the case of R v Stone and Dobinson (1977)?

Answer 29

The defendant took Stone’s anorexic sister into their home. Both defendants were of low intelligence and Stone was partly deaf and almost blind. The sister became very ill and eventually died. The defendants made feeble and unsuccessful attempts to get medical help.

Question 30

What was the outcome of R v Stone and Dobinson (1977)?

Answer 30

The court held that they had assumed it accepted responsibility as carers by taking them into their home. They were convicted of manslaughter

Question 31

What case is relevant to duty arising from creation of a dangerous situation?

Answer 31

R v Evans (2009)

Question 32

What case happened in 2009?

Answer 32

R v Evans

Question 33

In what year was the case of R v Evans?

Answer 33

2009

Question 34

What happened in the case of R v Evans (2009)?

Answer 34

The defendant supplies her 16 year old half sister with drugs and she became very ill. Neither the defendant or mother contacted emergency services. The girl died.

Question 35

What was the outcome of R v Evans (2009)?

Answer 35

The court of appeal confirmed the conviction as they owed her a duty of care to get help as they created the dangerous situation.