Osmissions

Question 1

What is an omission?

Answer 1

An omission is the failure to do something, but is only applied in certain circumstances

Question 2

What is an example of a statutory osmission?

Answer 2

Failing to blow into a breathalyser is a criminal offence (s.6. Road Traffic Act 1988)

Question 3

What are the 5 common law exceptions with a case example

Answer 3

1. Where the defendant may have a duty to act under a contract of employment - R v Pitwood (1902)
2. Family relationship exists (parental responsibility) - Gibbons and Proctor
3. Where there is a duty arising from an official position - Dytham (1979)
4. Where the defendant has started a chain of events and does not take steps to prevent harm occurring - R v Miller (1983)
5. Where the defendant has assumed responsibility for a person - R v Stone and Dobinson (1977)

Question 4

Pitwood (1902)

Answer 4

the defendant was employed as a gate way keeper at a railway crossing. He left the gate open one day and a hay cart crossed the line and was hit by a train. It was his duty to close the gate.

Question 5

Gibbons and Proctor

Answer 5

Defendant and his common suge failed to feed the mans 7-year-old child and she died from starvation.
Held: where there is a duty to act, failure to do so can lead to liability even for murder if the necessary mens rea is present. The women was held to be liable because, while the child was not hers, she was not living with the man and had accepted him money for food.

Question 6

Durham (1979)

Answer 6

the defendant was a police officer who stood by whilst a bouncer kicked a man to death. He was charged with the offence of misconduct in a public offence. He argued that the offence could not be committed by an omission as it specifically required misconduct.

Question 7

R v Miller (1983)

Answer 7

The defendant had been drinking and fell asleep on the sofa with a cigarette in his hand. He woke up and saw that he had started a fire but he just moved to the next room.

He became aware of the fire but he failed to take steps to call the fire brigade or put it out himself

Question 8

R v Stone and Dobinson (1977)

Answer 8

Case facts: the defendant had voluntarily amen on the responsibility to care for Stone’s sister who was anorexic. Her condition got worse and she was found in applying conditions

Law: Stone and Dobinson were found liable for her death as they assumed a responsibility to her by asking her in and they failed to look after her