Omissions Flashcards
(7 cards)
when is D guilty?
when failing to act when they are aware they were under a duty to act
what is statutory duty?
where a statute has specifically enforced a duty to act so a failure to act will result in a crime
what is public duty?
failure to act or intervene when in a public position such as the police (dytham)
what is contractual duty?
Where D has contracted a duty to complete a certain action and they do not complete it (pittwood)
what is voluntary duty?
where D voluntary assumes a caring role they must act in a way which is reasonable (stone and dobinson)
what is special relationships?
Where there is a familial relationship then there is a duty to act, not siblings or non-marital partners (gibbons and proctor)
What is a dangerous situation?
Where D causes a dangerous situation they must act to prevent harm coming about it (miller)
