Omissions

Question 1

Define Actus Reus

Answer 1

The conduct element of a crime that normally requires a positive voluntary act

Question 2

Explain what an Omission is

Answer 2

A failure to act when there is a duty to do so

Question 3

What is a statutory duty

Answer 3

Parliament acting to protect

Question 4

Describe an act brought about by statutory duty

Answer 4

Children and Young persons act 1933

Question 5

What is a duty rrising from special relationships

Answer 5

where someone takes on a duty to protect such as a parent, sister etc

Question 6

Give two cases for duty arising from special relationships

Answer 6

Rv Gibbons and Proctor

R v Harris and Harris

Question 7

Explain the facts of R v Gibbons and proctor

Answer 7

Step mum failed to feed her 7 year old and she died of starvation.

Question 8

Give an AO2 for R v Gibbons and Proctor

Answer 8

The judge in gibbons and proctor was trying to imply that morally we have a duty to care for out children and in order to get out of that the child must be adopted. This began as a precedent and was then made a statuet.

Question 9

What is a duty arising from contractual duties

Answer 9

A person is bound to act according to law where he has gone under a contract with others. It is his obligatory and statutory duty to act according to law

Question 10

Give two cases for contractual duties

Answer 10

R v Pitwood and R v Adomako

Question 11

Explain the facts of R v Pitwood

Answer 11

A man was hired by a railway company to shut the gate after trains, he failed to do so and a man was killed.

Question 12

Explain the facts of Adomako

Answer 12

An anesthetist failed to connect the breathing tube to a patient and the patient died.

Question 13

Explain Duty arising from public office

Answer 13

Whereby a person owes a duty to protect via the government

Question 14

Give case examples for pubic office

Answer 14

Dytham

Question 15

Describe the facts in Dytham

Answer 15

An officer guilty of misconduct as he failed to stop a man being beaten to death whilst on duty

Question 16

Give A02 for dytham

Answer 16

Those under contracts of employment should not have to act if they are at risk, however they are trained above the normal citizen to respond to these situations

Question 17

What is a duty from voluntary assumption

Answer 17

When someone voluntarily takes on the role to take are of a person

Question 18

Give a case example for voluntary assumption

Answer 18

R v Stone and Dobbinson

Question 19

Give the facts for Stone and Dobbinson

Answer 19

Two people took on the role to care for their sister when she died in their care

Question 20

Give A02 for stone and dobbinson

Answer 20

They were of subnormal inelegance and served custardy for something they didn’t understand. Today a carer would of been imposed therefore some laws on duties need to be kept up to date to avoid unfair convictions.

Question 21

Explain a duty undertaken on creation of dangerous situation.

Answer 21

When a person creates a dangerous situation and does not act accordingly to stop the chain of events occurring

Question 22

Give case examples for dangerous situation

Answer 22

R v Miller and R v santana - Bermunez

Question 23

Explain the facts of R v Miller

Answer 23

Man sets a matteres alight and sleeps in the other room

Question 24

Explain the facts of R v santana Bermunez

Answer 24

Man said he didnt have a serine in his pocket, an officer searched him and he pierced her.