Ommisions Flashcards
What is an omission?
Failure to act
What is the normal rule for omissions?
An omission cannot make a person guilt of an offence.
What did HOL say about omissions?
R v Miller - HOL said a D who created a risk only had to take reasonable steps to stop it. Not put himself at risk.
What are the 6 exceptions to omissions?
1) A statutory duty
2) A contractual duty
3) A duty because of a relationship
4) A duty which has been taken
voluntarily
5) A duty which arises because the D has set in motion a chain of events
6) A duty through one’s official position
What is a statutory duty and an example?
A piece of legislation which imposes a duty. E.g The road traffic Act 1988 section 170 - have to report an accident if you see one.
What is a Contractual Duty?
A specific duty outlined in a contract. Where a D failed to fulfil his duties the courts may impose a duty to act - making them liable by omission.
Case for contractual duty?
R v Pittwood - A railway crossing keeper didn’t close the gate and a horse and cart was hit and driver killed. Guilty of manslaughter. Tried to appeal but conviction upheld.
What is duty because of a relationship?
Duty because of a relationship
What is the case for duty cause of a relationship?
R v Gibbins and Procter — The father and step mum of a 7 year old starved her and kept her away from other kids.
Both convicted of murder
What is a duty undertaken voluntarily?
A duty undertaken voluntarily
Case for a duty undertaken voluntarily?
R v Stone and Dobinson - Stones elderly sister came to live with Ds. She stayed in her room and didn’t eat. As they had helped her wash/eat once or twice they had a duty to help her themselves or ask for help from other sources.
Both guilty of manslaughter
What is a duty which arises cause D set in chain a motion of events?
A duty which arises cause D set in chain a motion of events
What is the case for D set in motion a chain of events?
R v Miller - D fell asleep smoking and set a mattress in fire. Woke up saw fire and went to sleep in another room. Had a duty to put it out or to call for help. House caught fire - guilty of arson
Another case for motion of events?
DPP v Santa-Bermundez - D lied to officer about needles so when officer searched him they got stabbed. s47 OAPA
What is Duty of doctors?
If stopping treatment is in best interest of patient then the omission is not AR
