Omissions

Question 1

What is an omission?

Answer 1

A failure to act

Question 2

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

Answer 2

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

Question 3

What is a statutory duty? + example

Answer 3

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

Question 4

What is a contractual duty + example

Answer 4

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

Question 5

What is a duty of a relationship + example

Answer 5

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

Question 6

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

Answer 6

R v Dythan- officer ignored a fight which ensued

Question 7

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

Answer 7

R v Miller- fire.

Question 8

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

Answer 8

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