WEEK 4 OMISSIONS Flashcards
(30 cards)
What are the components of Actus Reus?
Actus reus may include:
* Conduct: act or omission
* State of affairs
* Surrounding circumstances
* Consequences of D’s actions
What is the general principle regarding omissions in criminal law?
No general liability for failure to act; individuals are not generally criminally liable for what they fail to do.
In the drowning child scenario, can D be criminally liable for not acting?
No, D cannot be liable for manslaughter or murder for omitting to act.
What is direct liability in terms of omissions?
Direct liability occurs when the omission is part of the actus reus.
What is derivative liability regarding omissions?
Derivative liability applies if D was under a duty to act, which can be statutory or common law.
What must exist for liability for an omission to be imposed?
Liability for an omission exists where:
* An offence exists that can be committed by an omission
* D has a duty to act
* D unreasonably fails to act on that duty
What are the categories of duty to act?
Categories of duty to act include:
* Offence specific duties
* Contractual duties
* Duties based on familial relationships
* Voluntary assumption of responsibility
* Creation of a dangerous situation
What are offence-specific duties?
Offence-specific duties are imposed in a statute or by common law where failure to act constitutes a specific offence.
What is an example of contractual duties leading to omissions liability?
Example: Pittwood (1902) - gatekeeper failed to close a gate, leading to a fatal accident.
What familial relationships create a duty to act?
Duties are recognized between:
* Married couples
* Parent and child
What is a voluntary assumption of responsibility?
A duty arises when D voluntarily undertakes to care for V who is unable to care for themselves.
What is the creation of a dangerous situation in terms of omissions liability?
D may be under a duty to prevent harm when they have created a dangerous situation.
What was the significance of the Miller case regarding omissions?
In Miller, D was liable for arson due to failing to act after creating a dangerous situation.
What is the continuing act rule in criminal liability?
The continuing act rule applies when the actus reus and mens rea occur in a sequence during the same incident.
In Fagan v Metropolitan Police Commissioner, why was D liable for battery?
D’s act of driving onto the officer’s foot constituted a continuing act, allowing for liability when the mens rea was established.
What was the outcome of Evans (2009) regarding causation?
D could not be liable for manslaughter due to a break in the chain of causation; V self-injected heroin.
Fill in the blank: An omission to act is analyzed as the ______ element for murder/manslaughter.
conduct
True or False: D is guilty for an omission alone in criminal law.
False
What are the requirements for analyzing an assumption of care?
You need to demonstrate:
* The person cannot care for themselves
* The assumption of care by D
What must be proven for liability to exist in a criminal offense?
All of the offence’s requirements must be met.
What is the causation issue in the context of drug supply liability?
The victim self-injects, creating a break in the chain of causation.
Can supplying drugs automatically lead to a murder charge?
No, intention to kill or cause GBH must be established.
What must be satisfied in addition to the commission of an act for liability?
Other requirements within the offence must also be satisfied.
What is GNM in the context of drug supply?
Gross Negligence Manslaughter.