(Omissions) G153 - Elements

Question 1

(OMISSIONS)

Case of larsonneur

Answer 1

D was deported from UK to Ireland but they sent her back to UK against her will. Held she was guilty of breaking immigration laws, even though her conduct wasn’t voluntary
(state of affairs)

Question 2

(Omissions)

A duty arising from a contract - examples and case of pitwood

Answer 2

Childminder / lifeguard / police officer
Pittwood; railway employee left level crossing unattended, resulting in the death of a haycart driver. Liable for the omission of manslaughter

Question 3

(Omissions)

A duty arising from a statute ; example statute

Answer 3

Road traffic acts, failure to report an accident

Question 4

(Omissions)
Duty arising from a special relationship (moral duty)
Automatic assumption case

Answer 4

Gibbins and proctor ; parents deliberately starved their 7 year old. Father owed automatic duty to care. Both guilty of murder by omission

Question 5

(Omissions)
Duty arising from a special relationship (moral duty)
Voluntary assumption cases

Answer 5

Stone and dobinson; boy and his GF looking after boys sister. They failed to give her correct medical treatment and she died. Both voluntarily owed a duty, so guilty of manslaughter.
Khan; drug dealers not under a duty to get medical help for their users. No voluntary assumption to care. Not guilty of manslaughter.
Evans; mother & daughters drug addicts. One daughter died from overdose. Mother guilty of manslaughter by omission as owed automatic duty to care.

Question 6

(Omissions)

A duty arising from public/legal duty to act case

Answer 6

Dytham; pc on duty committed an offence when he failed to intervene when V was thrown out of club & beaten to death by bouncer.

Question 7

(Omissions)
Duty arising from creation of dangerous situation (super ending fault)
Cases

Answer 7

Miller; tramp squatting in flat accidentally set fire to a mattress with a cigarette. He left the building and 800£ worth of damage was caused. He wasn’t guilty of criminal damage for the act of arson but he was guilty of the omission as he should have minimised the harm he caused.
Santana-Bermudez; D didn’t tell PO he had sharps in his pocket during a search. Officer was injured & D guilty of ABH as he failed to minimise harm caused by his omission.

Question 8

(Omissions)

Continuing act definition plus case

Answer 8

Actus Reus and Mens rea must coincide but AR may be ongoing.
Fagan; D pulled over onto the curb by PO. in doing so, he ran over POs foot, but once it was made evident by the officer, D stayed there. Continuing act as he stayed on officers foot. Guilty of assault PC

Question 9

(Omissions)

Doctors & eurhenasia

Answer 9

Letting die by omission for a Dr in certain conditions is acceptable.

Question 10

(OMISSIONS)
What is;
A positive act
A state of affairs crime
An omission

Answer 10

Positive act; actively doing something (eg stabbing someone)
State of affairs; crimes of absolute liability. The conduct need not be voluntary and no men’s tea is required / where d has done nothing but is responsible for a state of affairs existing.
Omission; a failure to act