Omissions Flashcards
Briefly, what is an omission?
When the failure to act amounts to the actus reus of the crime
In what circumstances can an omission amount to the actus reus of a crime?
When someone has a legal duty to take action and they do not
What has created legal duty?
Common law and statute
What is an example of duty imposed by statute?
Children and young persons act 1933, R v Lowe (1973)
What case happened in 1973?
R v Lowe
In what year was the case of R v Lowe?
1973
What happened in the case of R v Lowe (1973)?
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
What duty has been imposed by common law?
Duty imposed by: Contract Public office Special relationships between parties Care of another Creation of a dangerous situation
What is meant by ‘duty imposed by a contract’?
A person may be liable for an offence if a person is contracted to act in a particular way and then fails to act
What case is relevant to duty imposed by a contract?
Adomako (1994)
What case happened in 1994?
Adomako
What year was the case of Adomako?
1994
What happened in the case of Adomako (1994)?
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
What is meant by duty imposed by public office?
When someone who works for the government e.g the police fail to act
What case happened in 1979?
Dytham
In what year was the case of Dytham?
1979
What happened in the case of Dytham (1979)?
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’
What do the courts define as a ‘special relationship’?
Members of families and that they owe a duty of care to one another such as parents and children and husbands and wives
What case happened in 1918?
Gibbins and Proctor
What year was the case of Gibbins and Proctor?
1918
What happened in the case of Gibbins and Proctor (1918)?
They failed to feed the 7 year old child and she died from starvation.
What was the outcome of Gibbins and Proctor (1918)?
Both defendants were convicted of murder as they had a duty to care for the child i.e feed it
What is meant by ‘duty arising from the assumption of care of another’?
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)
What duty does someone have if they create a dangerous situation?
To put a stop to that danger or minimise the harm once they become aware of it
What case is relevant to a duty of care imposed by a special relationship?
Gibbins and Proctor (1918)
What case is relevant to duty arising from the assumption of care of another?
R v Stone and Dobinson (1977)
What case happened in 1977?
R v Stone and Dobinson
In what year was the case of R v Stone and Dobinson?
1977
What happened in the case of R v Stone and Dobinson (1977)?
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.
What was the outcome of R v Stone and Dobinson (1977)?
The court held that they had assumed it accepted responsibility as carers by taking them into their home. They were convicted of manslaughter
What case is relevant to duty arising from creation of a dangerous situation?
R v Evans (2009)
What case happened in 2009?
R v Evans
In what year was the case of R v Evans?
2009
What happened in the case of R v Evans (2009)?
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.
What was the outcome of R v Evans (2009)?
The court of appeal confirmed the conviction as they owed her a duty of care to get help as they created the dangerous situation.
