Omissions Flashcards
Omissions: A Failure to Act
Enlgish Law usually punishes those who complete a Prohibited act. However, there is no duty to be a good samaritan.
In the UK it is not yet accepted that we should help people in distress.
English law does punish people who fail to act in 2 situations:
1. Where there are a large number of crimes committed due to failure to act- these are usually called Strict Liability Offences.
2. When you are considered to be under a Duty of Care you can be guilty of a crime such as murder or manslaughter because you failed to act.
Commission by Omission
Crimes Capable of Being Committed Through Commission by Omission:
- Murder
- Manslaughter
- Arson
- Battery
Problems with Commission by Omission:
Causation is Required.
E.G. If D sees son fall into river and doesn’t help, there is no doubt that D has duty to sae son. But did D cause the son’s death? Boy would have died whether D had been there or not.
Commission by Omission:
Where Statute gives Duty to act
Case Examples:
S5 (1) Domestic Violence, Crime and Victims Act
- R v Mujuru 2007:
D leaves daughter with her abusive boyfirend, J. J kills daughter whilst D is gone.
S1 Protection from Eviction Act 1977
- Ahmad 1986:
D tried to make occupant leave by committing acts with the intent to cause them to leave premises.
Commission by Omission:
Where a Person’s Contract Requires them to Act
Case Examples:
-R v Adomako 1994:
Anaesthetist fails to notice vital breathing tube has come out & patient dies. Has contract that gives duty of care to patients.
-R v Pittwood 1902:
Rail signal man leaves gate open, person dies.
Commission by Omission:
Where a Relationship Requires them to Act
Case Examples:
-Gibbons & Proctor 1918:
D and new GF starve D’s daughter until she dies, D convicted of Murder.
-R v Smith 1979:
Wife gives brith to stillborn, she becomes unconscious but asked D not to call doctor. The Jury were unable to decide whether Smith owed a Duty of Care.
Commission by Omission:
Where a person Fails to Minimise the Harmful Consequence of their Act
Case Examples:
-R v Miller:
Homeless man’s cigarette sets fire to mattress in house he is squatting in, man fails to put fire out and goes back to sleep.
-R v Matthews & Alleyne 2003:
D’s push V off of bridge, they don’t know V cannot swim, D’s don’t help him and V drowns.
Commission by Omission:
Where a person Voluntarily takes on a Duty
Case Examples:
-Gibbons & Proctor 1918:
GF convicted of murder because she voluntarily took on duty; the child was in her home.
-Stone & Dobinson 1977:
D and misstress had D’s sister (V) stay with them, V was annorexic and her condition was deteriorating. D was deaf and blind, Misstress had low IQ, may have been unable to help V. V died, convicted because ‘efforts not good enough’.
Commission by Omission:
Official Position
Case Examples:
-R v Dytham 1979:
Police Officer on duty and fails to stop a fight, the V is kicked to death.
