Webcasts Flashcards
Name the offences that can definitely be committed by omission?
Murder Gross negligence manslaughter Offences relating to s18 and s20 of the OAPA Criminal damage Assault and battery
How can you be found liable of omitting to act?
Only if you satisfy two conditions:
- the offence in question must be capable of being committed by omission
- the defendant must have been under a duty to act
What offences cannot be committed by omission?
Constructive manslaughter Rape Burglary Robbery Attempts
When is a person under a duty to act?
Contractual duty
Duty arising from D’s relationship with the V
Duty arising from the creation of a dangerous situation
Where the dependent has assumed a duty to care for the victim
Give a case example of omission under a contractual duty?
R v Pittwood - level crossing guard failed to close the gate when a train was due. A man was killed driving his cart over the track. He failed to carry out his contractual duties.
Give a case example of where the courts have imposed a duty to act under a relationship with the V?
R v Gibbins and Proctor - failing to feed his daughter and she died.
R v Evans - mother and daughter charged with manslaughter after omitting to summon help for the second daughter who was overdosing on heroin. However the relationship duty does not extend to siblings. The sister was convicted for creating a dangerous situation.
Give a case example of creation of a dangerous situation?
R v Miller - he was a squatter who fell asleep holding a lit cigarette. He awoke to find the mattress on fire. Rather than putting it out he moved to another room and fell asleep. Held that when you create a dangerous situation you’re under a duty to take steps to minimise the damage.
Give a case example of someone with an assumed duty to act?
R v Stone and Dobinson - anorexic sister goes to live with them, they’re both of very low intelligence and had some disabilities. Due to this they failed to care for her properly and they never summoned help when her condition deteriorated. They assumed a duty by attempting to care for her.
What is MR?
The mental state expressly or implied lay referred to in the definition of a crime.
Name the two types of intention?
Direct and oblique.
What is direct intent?
A person intends a consequence when it is his aim, purpose or desire (Steane).
What is oblique intent?
Where a consequence was virtually certain to occur as a result of their actions (Woollin).
What is Caldwell recklessness?
Objective recklessness. A D was reckless if he did an act which created an obvious risk and he did not give any thought to the possibility of such risk; or he recognised that some risk was involved but went on to take it.
What is Cunningham reckless?
A subjective test, whether the D foreseen the risk.
What is the doctrine of transferred malice?
Where harm intended for one person, or damage intended for a particular piece of property, is caused to a different person or piece of property, the D will still be liable.
