Omissions

Question 1

What is the general rule in criminal law?

Answer 1

A person is not liable for an omission unless under a duty to act

Question 2

What are duties made by parliament called?

Answer 2

Statutory duties

Question 3

What are duties created by Judges called?

Answer 3

Common law duties

Question 4

Examples of Statutory Duties

Answer 4

• Failing to wear a seatbelt (the Road traffic act 1988)
• Failing to muzzle a dangerous dog in public (Dangerous Dogs act 1991)
• Neglecting a child (Domestic abuse, Crime and victims act 2004)

Question 5

what are contractural duties?

Answer 5

Arise through contracts of employment e.g. Pittwood

Question 6

What happened in Pittwood (1902)

Answer 6

Where a railway crossing keeper had a duty to close the gates. His omission formed the AR of manslaughter

Question 7

What is official position

Answer 7

Usually related to public office e.g. Dytham

Question 8

What happened in Dytham

Answer 8

Where a police officer stood by while V was beaten up. D was guilty for failing to perform his Duty when in a public position

Question 9

Special relationship

Answer 9

E.g. father and son - E.g. GIbbins & Proctor

Question 10

What happpened in Gibbins and Proctor

Answer 10

Where a father starved his 7 year old daughter to death. He had a duty to feed her and the omission formed the AR of murder.

Question 11

What happened in Miller 1983?

Answer 11

D accidentally set fire to mattress and failed to put it out when realised what had happened

Question 12

What was the Law in Miller?

Answer 12

Ratio: D had created a dangerous situation and owed a duty to call the fire brigade. He was therefore liable for omission to do so