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Flashcards in Omissions as actus reus Deck (101)
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1

What is the normal rule of an omission?

that an omission cannot make a person guilty of a offence

2

Who explained that the normal rule is that an omission cannot make a person guilty of an offence?

by Stephan J , a 19th century judge

3

What is the law known as which some other countries have which makes a person responsible for helping other people in an 'emergency situation'?

the Good Samaritan law

4

What does the Good Samaritan law do?

this makes a person responsible for helping other people in an 'emergency situation' even though they may be complete strangers

5

What is an example of the Good Samaritan law under French law?

when Princess Diana's car created in Paris in 1997 the journalists who had been following her car took photographs of her injured but they did not try to help her even though she was critically injured. The French authorities threatened to charge these journalists under the French 'Good Samaritan' Law'

6

What is a problem with enforcing the Good Samaritan law in terms of danger to the person helping?

what if a rogue pretends to be seriously hurt in order to lure a stranger to his assistance so that the rogue can then rob the stranger

7

What is a problem with enforcing the Good Samaritan law in terms of danger to the victim?

by a person intervening, with them being untrained they could do more harm to an injured person

8

What is a question which could be posed regarding the Good Samaritan rule?

Who decides that there is an emergency so that the 'Good Samaritan' rule is operating?

9

What could be a problem with an emergency happening in front of a crowd of people?

Who would assume liable for the injured person, and do all of them have to help or is it enough for one of them to help

10

What was decided in Miller 1983 in regards to the Good Samaritan rule?

the HOL decided that a defendant who has created the risk would only be expected to take reasonable steps. He would not be expected to put himself at risk.

11

What case outlines the fact that a defendant who has created a risk would only be expected to take reasonable steps, but not expected to but themselves at risk?

Miller 1983

12

What does Miller 1983 suggest about the role of innocent passers-by in regards to the Good Samaritan rule?

that if the person who has caused the risk does not have to put themselves at risk then surely this applies to innocent passers by

13

In some cases what is an exception to the rule in regards to omissions?

it is possible that a failure to act can be the actus reus

14

When is an omission only sufficient for the actus reus?

where there is a duty to act

15

How many ways are there to which a duty to act can exist?

six ways

16

What are the 6 ways in which a duty to act can exist?

-statutory duty
-contractual duty
-duty because of a relationship
-duty which has been taken on voluntarily
-duty through ones official position
-duty which arises because the defendant has set in motion a chain of events

17

What can create liability for an omission?

an Act of Parliament

18

What are 3 examples of a statutory duty where an Act of Parliament has created liability for an omission?

-Road Traffic Act 1988 s.170 & s.6
-s.1 of the Children and Young Persons Act 1933
-s.5 of the Domestic Violence, Crime and Victims Act 2004

19

What is s.170 of the Road Traffic Act 1988 which is a statutory duty?

failing to stop or report a road traffic accident

20

What is s.6 of the Road Traffic Act 1988 which is a statutory duty?

failing to provide a specimen of breath

21

What does s.1 of the Children and Young Persons Act 1933 do under statutory duty?

This section puts parents who are legally responsible for a child under a duty for providing food, clothing, medial aid and lodging for their children, if a parent fails to do this they can be guilty of the offence of wilful neglect

22

what is a recent example of an offence under a statutory duty under s.5 of the Domestic Violence, Crime and Victims Act 2004?

the offence of allowing the death of a child or vulnerable adult

23

What is the offence of allowing the death of a child or vulnerable adult under?

s.5 of the Domestic Violence, Crime and Victims Act 2004

24

Which section of the Road Traffic Act 1988 regards the failure to provide a specimen of breath?

s.6

25

Which section of the Road Traffic Act 1988 regards the failure to stop or report a road traffic accident ?

s.170 of the Road Traffic Act 1988

26

When does s.5 of the Domestic Violence, Crime and Victims Act 2004 apply?

where a person in the same household fails to take such steps as he or she reasonable could have been expect to take to protect the victim

27

What happened in the case of Pittwood 1902 under a contractual duty?

a railway cross keeper omitted to shut the gates, with the result that a person crossing the line was struck and killed by a train

28

What happened in the case of Pittwood 1902 under a contractual duty?

a railway cross keeper omitted to shut the gates, with the result that a person crossing the line was struck and killed by a train

29

In which case did a a railway cross keeper omitted to shut the gates, with the result that a person crossing the line was struck and killed by a train and the keeper guilty of manslaughter

Pittwood 1902

30

What is a modern example of a contractual duty ?

e.g a lifeguard at a pool who leaves the pool unattended. His failure to do his duty could make him guilty of an offence if a swimmer were injured or drowned