Omissions - Fail to Act Flashcards
Define Omissions
Crime capable of being committed by an omission of failure to act
D under legal duty to act
Can be voluntary or assumed
Comment on imposing general duty to act
It would put a heavy burden on citizens.
Create an obligation to help
Unclear how far person would have to go to meet obligation
Citizens not qualified rescuers
Case of Statutory Duty to act
Shama [1990]
Falsifying document s17 Theft Act 1968
Two cases of Contractual Duty to act
Contractual duty to protect public
Pittwood [1902]
Level crossing gate left open
Yaqoob [2005]
Failure to inspect minibus tyres
Two cases of Special Relationship duty to act
An assumption of care
Gibbins and Proctor [1918]
Starved child to death
Hood [2003]
Carer had low standard of care which contributed to death after failing to call for medical help for fall 3 weeks earlier
Case of Public Office duty to act
Vital duty to general public safety
Dytham [ 1979]
Police duty to act
Three cases where D voluntarily assumes resposibility
Stone v Dobinson [1977]
Inadequate care for family member
Instan [1893]
Similar circumstances to stone
Ruffell [2003]
Did trying to revive friend who OD’d assume a responsibility of care. Only trying to help.
Three cases where D creates a dangerous situation
Miller [1983]
Criminal damage - fall asleep cigarette
Santana-Bermudez [2003]
Battery - Needle in pocket
Evans [2009]
GNM - Heroin supplier - duty to act and save life
