Omissions Flashcards
what are the three requirements for a failure to act?
a) the defendants offence must be capable of commision by omission
b) the defendant must have a legally recognised duty to act
c) the defendant must have unreasonably failed to act on that duty
List the seven recognised duties under English Law
1 - Official duty
2 - A duty imposed by statute
3 - Contractual obligations
4 - Duty by relationship
5 - A duty by voluntary assumption of care
6 - Duty by creation of a dangerous situation
Explain omission through official duty
Where a person has an official duty to act, their omissions can give rise to criminal liability.
R v Dytham (1979) bar fight, police man
Explain omission through duty by statute
Statutory provisions which specifically impose duties on people to act, and impose criminal sanctions for failing to act.
‘failing to provide a specimen of breath when asked to do so’ - S.6 Road Traffic Act 1988
Explain omission through contractual obligations
A failure to fulfill contractual obligations that is likely to endanger lives can lead to criminal liability.
R v Pittwood (1902) employed under contract to operate gates on rail/road crossing. Didn’t lower them, cart hit by train and occupant died.
Explain omission through a duty by relationship
Where a duty to act arises as a result of a relationship between D and V.
Relationships:
Parent & Child - R v Gibbons & Proctor 1918 deliberately starved son.
Spouses - R v Hood 2003 Defendant failed to get help for wife who fell and broke three bones
Doctor & Patient - Airedale NHS Trust v Bland (1993) an omission on the part of a doctor withdrawing treatment won’t be convicted, if in best interests of the patient.
Explain omission by voluntary assumption
A duty to act may be established where the defendant voluntarily undertakes care for another who is unable to care for themselves.
Express: R v Nicholls 1874 defendant assumed care of victim, granddaughter when mother died, neglected and died.
Implied: R v Instan 1893 aunt ill and bed bound, needed care, defendant ate the food ment for the aunt, she died.
R v Stone & Dobinson 1977 partner of defendant convicted as bathed her assumed duty to the defendants sister.
Explain omission by creation of a dangerous situation
A duty arising where the defendant sets in motion a dangerous chain of events and then fails to correct it, and is required to take reasonable steps to overt an danger.
R v Miller 1983 tramp, fell asleep smoking in a squat, woke up noticed mattress of fire, moved to another room, fire spread causing extensive damage convicted.
