AR - Omissions Flashcards
What is the general rule regarding omissions
You can’t commit a crime by failing to do something
What is an omission
Where you fail to do something
What is the first exception and case
Relationship- Gibbins v Proctor ( failed to care for daughter, charged with murder)
What is the second exception and two cases
Contract- Pittwood (failed to do job, convicted of manslaughter)
Adomako (anaesthetist, convicted of GNM)
What is the third exception
Voluntarily accepted- Stone v Dobbinson (voluntarily accepted care of ill sister and failed to care for her, convicted of manslaughter)
What is the forth exception and case
Official position- Dytham (d was a police officer. A V was kicked to death and D walked away. Convicted of neglecting to perform duty)
What is the fifth exception and three cases
A dangerous situation-
Miller (convicted of arson)
Bermudez (needle in D’s pocket, failed to tell police officer searching him. Convicted of ABH)
Evans (V had OD symptoms. Didn’t seek medical advice. Convicted of Manslaughter)
S.170 road traffic act 1988 states it is an offence to…
Not report an accident they were involved in to the police
S.1 children and young persons act 1933 states that…
A parent or guardian can be prosecuted if they fail to care for their child
S.6 road traffic act 1988 states it is an offence to…
Fail to do a breathalyser when asked to by the police
What crimes can be committed by omission
- manslaughter
- murder
- ABH
- Arson
What crimes can’t be committed by omissions
- rape
- burglary
- theft
- robbery
