Principles and Omissions cases Flashcards
What is the principle of individual autonomy
- we hold people responsible for crimes because of free will and choice
- legitimizes punishment for wrongdoings because they are responsible
What is the principle of Welfare
- activity which threatens good order or reprehensible
- collective goals
- moral reasons
What is the principle of legality
- maximum certainty and strict construction.
- should only punish for things that were criminal at the time of the offence
What is the principle of presumption of innocence
- innocent until proven guilty
- duty of the prosecution to prove the guilt
What is the principle of fair labeling
- widely felt distinctions between kinds of offences are subdivided and labelled to represent fairly the nature of the law breaking.
What is the thin ice principle
- people who know their conduct is on the borderline of legality take the risk that their behaviour will be held to be a criminal
What is the maximum certainty principle
- individual can know from the wording of the relevant provision and with assistance of the courts
- what acts and omissions made him liable
What is the principle of strict construction
- 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
what is the anatomy of crime
- Criminal attempts Act 1981
- attempted crime if more than merely preparatory acts
- if mere preparation then no crime, no attempt and no liability
R v Geddes 1996
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
Act Vs Omission
Act- doing something (starting a fire)
omission- not doing something (not putting fire out)
Nicklinson v ministry of justice 2014
- Euthanasia not a possible defence to murder
- not allowed assisted suicide
6 exceptions of omissions liability
- dangerous acts
- dangerous situation
- contractual
- statutory
- special relationship
- voluntary assumption
examples of special relationships
- parent/child
- husband/wife
- doctor/patient
Gibbins and Proctor 1918
- parent and child relationship
- father failed to look after daughter
- once 18 no responsibility
Smith 1979
- husband and wife
- voluntary assumption of responsibility
- couples married but separated owe no legal duty to one another
Airedale nhs trust V Bland 1993
- 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
Sinclair (James) 1998
- johnson- ineffective efforts to help drug overdose
- Sinclair- had duty and failure to call medical attention when his friend overdosed
- voluntary assumption of care
Pitwood 1902
- contractual
- went on lunch break and failed to close train gate
- someone died, liable as duty
Miller 1983
- dangerous situation
- prosecuted for arson
- failure to act and didn’t put fire out he started
- failure to call 999
Fagan V met police commissioner 1969
- continuing acts
- liable for his omission
- left car on policeman’s foot
