Omissions Flashcards
Define Actus Reus
The conduct element of a crime that normally requires a positive voluntary act
Explain what an Omission is
A failure to act when there is a duty to do so
What is a statutory duty
Parliament acting to protect
Describe an act brought about by statutory duty
Children and Young persons act 1933
What is a duty rrising from special relationships
where someone takes on a duty to protect such as a parent, sister etc
Give two cases for duty arising from special relationships
Rv Gibbons and Proctor
R v Harris and Harris
Explain the facts of R v Gibbons and proctor
Step mum failed to feed her 7 year old and she died of starvation.
Give an AO2 for R v Gibbons and Proctor
The judge in gibbons and proctor was trying to imply that morally we have a duty to care for out children and in order to get out of that the child must be adopted. This began as a precedent and was then made a statuet.
What is a duty arising from contractual duties
A person is bound to act according to law where he has gone under a contract with others. It is his obligatory and statutory duty to act according to law
Give two cases for contractual duties
R v Pitwood and R v Adomako
Explain the facts of R v Pitwood
A man was hired by a railway company to shut the gate after trains, he failed to do so and a man was killed.
Explain the facts of Adomako
An anesthetist failed to connect the breathing tube to a patient and the patient died.
Explain Duty arising from public office
Whereby a person owes a duty to protect via the government
Give case examples for pubic office
Dytham
Describe the facts in Dytham
An officer guilty of misconduct as he failed to stop a man being beaten to death whilst on duty
Give A02 for dytham
Those under contracts of employment should not have to act if they are at risk, however they are trained above the normal citizen to respond to these situations
What is a duty from voluntary assumption
When someone voluntarily takes on the role to take are of a person
Give a case example for voluntary assumption
R v Stone and Dobbinson
Give the facts for Stone and Dobbinson
Two people took on the role to care for their sister when she died in their care
Give A02 for stone and dobbinson
They were of subnormal inelegance and served custardy for something they didn’t understand. Today a carer would of been imposed therefore some laws on duties need to be kept up to date to avoid unfair convictions.
Explain a duty undertaken on creation of dangerous situation.
When a person creates a dangerous situation and does not act accordingly to stop the chain of events occurring
Give case examples for dangerous situation
R v Miller and R v santana - Bermunez
Explain the facts of R v Miller
Man sets a matteres alight and sleeps in the other room
Explain the facts of R v santana Bermunez
Man said he didnt have a serine in his pocket, an officer searched him and he pierced her.
