Omissions - Fail to Act

Question 1

Define Omissions

Answer 1

Crime capable of being committed by an omission of failure to act

D under legal duty to act

Can be voluntary or assumed

Question 2

Comment on imposing general duty to act

Answer 2

It would put a heavy burden on citizens.

Create an obligation to help

Unclear how far person would have to go to meet obligation

Citizens not qualified rescuers

Question 3

Case of Statutory Duty to act

Answer 3

Shama [1990]

Falsifying document s17 Theft Act 1968

Question 4

Two cases of Contractual Duty to act

Answer 4

Contractual duty to protect public

Pittwood [1902]

Level crossing gate left open

Yaqoob [2005]

Failure to inspect minibus tyres

Question 5

Two cases of Special Relationship duty to act

Answer 5

An assumption of care

Gibbins and Proctor [1918]

Starved child to death

Hood [2003]

Carer had low standard of care which contributed to death after failing to call for medical help for fall 3 weeks earlier

Question 6

Case of Public Office duty to act

Answer 6

Vital duty to general public safety

Dytham [ 1979]

Police duty to act

Question 7

Three cases where D voluntarily assumes resposibility

Answer 7

Stone v Dobinson [1977]

Inadequate care for family member

Instan [1893]

Similar circumstances to stone

Ruffell [2003]

Did trying to revive friend who OD’d assume a responsibility of care. Only trying to help.

Question 8

Three cases where D creates a dangerous situation

Answer 8

Miller [1983]

Criminal damage - fall asleep cigarette

Santana-Bermudez [2003]

Battery - Needle in pocket

Evans [2009]

GNM - Heroin supplier - duty to act and save life