3 - omissions

Question 1

Omission - structure (what must you establish to prove an omission?)

Answer 1

1. Crime is capable of commission by omission
2. Legal duty to act
3. D breached duty
4. Breach caused AR
5. D has necessary MR

Question 2

General rule re omissions

Answer 2

R v Smith (William) - an omission without a duty will not create an indictable offence.

Question 3

Categories of omission (7)

Answer 3

Memory key: Some People Can Sometimes View Crime Crudely

S - statutory duty (minor crimes - dealt w in Crown court)
P - public office
C - contractual duty
S - special relationship (parent/child, spouse, doctor/patient)
V - voluntary assumption of responsibility
C - creation of a dangerous situation
C - control over another/another’s property

Question 4

Public office - omission cases

Answer 4

R v Dytham

Bishop of Gloucestershire

Question 5

Contractual duty - omission cases

Answer 5

R v Pittwood

Question 6

Special relationship - omission cases

Answer 6

Parent/child

• R v Gibbons & Proctor
• Re A Children (Conjoined Twins)

Spousal
- R v Hood

Doctor/patient

• R v Arthur
• Airedale NHS Trust v Bland

Question 7

Voluntary assumption of duty - omission cases

Answer 7

R v Nicholls
R v Gibbons & Proctor
R v Instan
R v Stone & Dobinson
R v Ruffell

Question 8

Creation of a dangerous situation - omission cases

Answer 8

R v Miller
R v Evans
R v Ruffell

Question 9

Control over 3rd parties/control over another’s use of property

Answer 9

DuCros v Lambourne