Principles and Omissions cases

Question 1

What is the principle of individual autonomy

Answer 1

• we hold people responsible for crimes because of free will and choice
• legitimizes punishment for wrongdoings because they are responsible

Question 2

What is the principle of Welfare

Answer 2

• activity which threatens good order or reprehensible
• collective goals
• moral reasons

Question 3

What is the principle of legality

Answer 3

• maximum certainty and strict construction.

- should only punish for things that were criminal at the time of the offence

Question 4

What is the principle of presumption of innocence

Answer 4

• innocent until proven guilty

- duty of the prosecution to prove the guilt

Question 5

What is the principle of fair labeling

Answer 5

• widely felt distinctions between kinds of offences are subdivided and labelled to represent fairly the nature of the law breaking.

Question 6

What is the thin ice principle

Answer 6

• people who know their conduct is on the borderline of legality take the risk that their behaviour will be held to be a criminal

Question 7

What is the maximum certainty principle

Answer 7

• individual can know from the wording of the relevant provision and with assistance of the courts
• what acts and omissions made him liable

Question 8

What is the principle of strict construction

Answer 8

• the courts should exercise restraint in their interpretative role
• favoring the defendant where they’ve left in doubt about the legislative purpose.
• benefit of the doubt

Question 9

what is the anatomy of crime

Answer 9

• Criminal attempts Act 1981
• attempted crime if more than merely preparatory acts
• if mere preparation then no crime, no attempt and no liability

Question 10

R v Geddes 1996

Answer 10

not guilty if:

• they have not moved from the point of planning to the point of execution
• they haven’t shown they were trying to commit the offence

Question 11

Act Vs Omission

Answer 11

Act- doing something (starting a fire)

omission- not doing something (not putting fire out)

Question 12

Nicklinson v ministry of justice 2014

Answer 12

• Euthanasia not a possible defence to murder

- not allowed assisted suicide

Question 13

6 exceptions of omissions liability

Answer 13

• dangerous acts
• dangerous situation
• contractual
• statutory
• special relationship
• voluntary assumption

Question 14

examples of special relationships

Answer 14

• parent/child
• husband/wife
• doctor/patient

Question 15

Gibbins and Proctor 1918

Answer 15

• parent and child relationship
• father failed to look after daughter
• once 18 no responsibility

Question 16

Smith 1979

Answer 16

• husband and wife
• voluntary assumption of responsibility
• couples married but separated owe no legal duty to one another

Question 17

Airedale nhs trust V Bland 1993

Answer 17

• doctor and patient
• failure to get medical help is a breach of duty
• omission to stop treating a man in vegetable state and could have been kept alive

Question 18

Sinclair (James) 1998

Answer 18

• johnson- ineffective efforts to help drug overdose
• Sinclair- had duty and failure to call medical attention when his friend overdosed
• voluntary assumption of care

Question 19

Pitwood 1902

Answer 19

• contractual
• went on lunch break and failed to close train gate
• someone died, liable as duty

Question 20

Miller 1983

Answer 20

• dangerous situation
• prosecuted for arson
• failure to act and didn’t put fire out he started
• failure to call 999

Question 21

Fagan V met police commissioner 1969

Answer 21

• continuing acts
• liable for his omission
• left car on policeman’s foot