Omissions Flashcards
Omissions defitinition
When failing to act can amount to a actus reus of a crime.
What type of laws can duties be created by
Statute or Common Law
Duty by statute
Various statutes impose a duty to act on individuals e.g. under the Road Traffic Act 1988 it is an offence without reasonable excuse to fail to provide a police officer with a breath specimen when required to, or failing to provide details of insurance after an accident.
Case for duty by statute
Lowe - defendant of low intelligence failed to tell doctor when child was ill. Negligent under Children and Young Persons Act 1933,
The COA quashed the manslaughter prosecution as men’s rea could not be established.
More modern Act for statutory duty
Domestic Violence Crime and Victims Act 2004 - creating an offence of familial homicide. S.5 states offence to allow death of child or vunerable adult when victim has frequent contact with defendant.
Case for conviction under Familial homocide act
Munitions (2007) CA
Defendant went to work and left baby with partner who has history of violent behaviour. He killed the baby. Convicted under the Domestic Violence Crime and Victims Act 2004. The COA upheld her conviction, she failed to take responsibility of her daughter.
Type of duties imposed under common law: (5)
Duty imposed by:
1) A contract
2) Public office
3) Special relationship between parties
4) Duty arising from assumption of care of another
5) Duty arising from creation of dangerous situation.
What is a duty imposed by contract?
Where a person is contracted to act in a particular way and they fail to act under this duty. They can be liable for an offence.
Cases for Contract duty (2)
Pitwood 1902 - man driving a hay cart was killed after D failed to close crossing gate before lunch. He has a contractual duty to close the gate. Defendant convicted of manslaughter due to failed duty.
Adomako 1994 HL - an anaesthetist was convicted of manslaughter because he failed to notice vital breathing tube had become disconnected during eye operation. Patient lost oxygen and died so liable under the duty.
What is a duty imposed by public office?
The courts have imposed a duty to act in certain situations where a person fails to act e.g police officer
Case for duty by Public office (1)
Dytham 1979 CA - offence for a police officer to neglect his duty. Bouncer ejected victim and three men kicked the victim to death. He watched the incident but did nothing and drove off. Convicted for misconduct whilst acting as an officer for justice and upheld by CA.
What is a duty where special relationship between parties
Such as parent and children, husband and wife, the courts recognise that members of families owe duties to each other.
Cases for duties of special relationship (2)
Gibbons and Procter 1918 CA - failed to feed the mans 7yr old child. Died from starvation. Women was living in same household and taken money to feed child but didn’t. Court held she was lovable under a duty and both defendants convicted of murder.
R v Instan 1893 CA - defendant lived with aunt who developed gangrene and unable to care for herself. D was only person who knew of condition and failed to provide food or medical assistance. 12 days of suffering later died. Upheld her conviction, lord Coleridge felt it would be hopelessly deficient if judged couldn’t do this.
What is a duty arising from assumption of care from another
Duty will be owed by someone who voluntarily chooses to take care of another and this duty may be express or implied.
Leading case for assumption of duty
R v Stone and Dobinson 1997
They took in stones anorexic and infirm sister into their home. Both defendants low intelligence. Defendants didn’t make attempts to help and she died. Court said once they were unable to help they were obliged to tell farmers. Both convicted of manslaughter.
