Omissions ( criminal law ) Flashcards
What is an omission
A failure to act
What are the 5 types of omissions
- Duty arising from contract
2.duty arising from statute - Duty arising from conduct
- Voluntarily assumption of duty
- Public duty
What is duty arising from conduct
A failure to perform duties signed by a contract
What is the case of R v pitwood
A railway crossing driver left a gate open and a driver was killed by a train, convicted of man slaughter as he failed his contract ahs profession - voluntary
What is duty arising from statute
An act of parliament can make it an offence to fail to act in sone circumstances
What are the two acts in duty of statute
The children and young persons act 1933 and the road traffic act 1988
What is duty arising from conduct
When a person is aware of his/ her actions which is endangerment and doesn’t prevent it
What is the case of R v miller 1983
Defendant was squatting in a building and mattress catchers alight from a cigarette and they move away and ignore it. Convicted of arson- voluntary
What is voluntary assumption of duty
When someone voluntarily takes responsibility for another person assuming there general welfare
What is the case of R v S and Dobinson
S and D lived together and had low intelligence, they look in S sister who was bedridden and didn’t do anything to assist her and she died of lack of care. Held guilty of man’s laughter. Couple had assumed duty and failed- voluntarily they could have done something
What is public duty
Person in public office may be under a duty of care
What is the case of R v Dytham
A police officer failed to perform his duty when a citizen was kicked to death , he failed to act as an officer
