Omissions Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is an omission?

A

A failure to act

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2
Q

What are the ways an omission is sufficient for the actus reus of an offence?

A

if it is:
-a statutory duty
-a contractual duty
-duty because of a relationship
-duty because of a duty undertaken voluntarily
-duty through an official position
-duty which arises because D set into motion a chain of events

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3
Q

What is a statutory duty? + example

A

This will be an act of parliament , eg a failure to provide a breath sample (s 6 of the Road Traffic Act)

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4
Q

What is a contractual duty + example

A

Where someone is contracted to have a duty.
For example R v Pitwood(railway crossing keeper failed to shut the gates)

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5
Q

What is a duty of a relationship + example

A

Typically parent and child, eg R v Gibbins and Proctor- failure to feed a child is sufficient for the actus reus of murder.

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6
Q

What is an example of a duty through an official position?

A

R v Dythan- officer ignored a fight which ensued

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7
Q

What is an example of a duty which arises because a defendant set a chain of events into motion?

A

R v Miller- fire.

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8
Q

What is the rule where there is a duty of doctors?

A

Where doctors decide to stop treating a patient if this is in their best interest, it is not an omission.
(Airedale NHS v Bland)

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