Omissions Actus Reus Flashcards
(36 cards)
What is an omission?
Failure to act
Is it common or rare to be prosecuted for failing to act?
Rare
What is the ‘rule’ in the UK about acting?
There is no general duty to act - unlike France who have the Good Samaritan Law
When is one of the times you can face criminal charges when failing to do an act?
If the D is in breach of a duty of care
What are 3 arguments for a general duty to act?
Encourage greater sense of responsibility
Immoral to (for example) allow a child to drown and die
A person who stands by is as guilty as a person who administers a lethal injection
What are 4 arguments against a general duty to act?
Far too difficult to legislate
How far would a person be expected to go?
Should criminal law interfere with issues of morality?
Imposition on individual liberty
What are the 6 circumstances when the law WILL impose a duty to act?
Contractual duty Statutory duty Duty because of a relationship Duty taken on voluntarily Duty through an official position Duty arising as the D has set in motion a chain of events
Give an example of one of the laws now where you can be prosecuted for failing to do something
Under Road Traffic Act 1988 - failing to require officer with breath specimen when asked too
What case showed the duty as a parent in action?
Lowe 1973 (parent and child under Children and Young persons act 1933) D had low IQ failed to call doctor when 9 week old baby was ill and died from dehydration and emaciation. Partner low IQ too told to take to doctor but scared baby would go into care - both convicted of manslaughter COURT QUASHED CONVICTIONS AS NO MENS REA
Explain the case Mujuru 2007 (relationship)…
Under Domestic Violence Crime and Victims Act 2004 created the offence of familial homicide
D went to work and left baby with partner who had history of violent behaviour, he killed baby girl.
Court said she failed to take reasonable steps to protect her daughter
What case showed the duty because of a contract in action?
Pittwood 1902 - man driving hay cart killed after D failed to close crossing gate when he went to lunch. D was convicted of manslaughter
Explain the case Adomako 1994 (contract)…
Anaethetist convicted of manslaughter as failed to notice breathing tube became disconnected during eye operation, lost oxygen resulting in brain damage and died
What case showed the duty of care imposed by public office in action?
Dytham 1979 - On duty near hotdog van when bouncer ejected victim and 3 men kicked him to death, Dytham watched and then drove off - CONVICTED OF MISCONDUCT WHILST ACTING AS AN OFFICER FOR JUSTICE - appeal dismissed
What case showed the duty because of a special relationship in action?
Gibbins and Proctor 1918 - failed to feed 7 year old child and she died from starvation - both convicted of murder as they had money to feed the child but didn’t
Explain the case R v Instan 1893 (relationship)…
D lived with aunt who developed gangrene and was unable to care for herself - D was only person to know this yet failed to get her help, after 12 days she died.
What case showed the duty arising from the assumption of care for another?
Stone and Dobinson 1977 - D’s took Stones anorexic sister into home, both had low IQ and Stone was partly deaf and blind, sister became ill and stopped eating, D’s made no effort to get medical assistance and she died - both convicted of manslaughter
What case showed the duty arising from creating a dangerous situation?
Miller 1983 - fell asleep whilst smoking, woke up to find matress on fire, moved to another room and didn’t put it out, house damaged - convicted of arson
Explain the case Evans 2009 (dangerous situation)…
Evans supplied half sister aged 16 with drugs, she self injected and became very ill, neither D or mother got help as they thought they’d get into trouble - she died. Both convicted of manslaughter
What can an omission sometimes be classed as?
A continuing act
What case showed an omission being classed as a continuing act?
Fagan v Metropolitan Police Commissioner 1969 - D accidentally drove over police officers foot, officer asked him to remove it but he refused and swore, then slowly removed it from foot, he was convicted of assault. HE DIDN’T ORIGINALLY HAVE MENS REA BUT DID WHEN HE REFUSED TO MOVE CAR
What is an unresolved problem in omissions?
Knowing when the duty of care comes to an end (R v Smith 1979) stillborn baby, she was scared at doctors and told husband not to call them, when she gave permission it was too late and she died - judge asked jury to consider the wife’s wish and balance it against her ability to make a rational decision - D was discharged
What were the 4 principles that should be applied when dealing with life support established in Airedale NHS trust v Bland 1993?
1 - no absolute rule that a patients life must be prolonged
2 - respect must be given to patients wishes (if they are of a sound mind)
3 - When treatment is futile there is no obligation for doctor to provide it
4 - treatment can be provided without consent is patient is incapable of providing it
What is a criticism of the 6 duty’s to act?
It is not always easy to decide if a duty exists or not (khan v Khan 1998)
When does a duty cease to exist?
What do decisions made by jury’s have to be made on?
A case by case basis
