Criminal Liabilty - Omissions

Front 1

Contractual duty to act-

can incur criminal liability out of a duty arising from a contract.

Back 1

Example:

R V Pittwood (1902)

Railway gate crossing-keeper opened gate to let cart through and went off to lunch forgetting to shut them. 10 minutes later their was an accident where a train hit another cart.

The gate keeper was convicted with manslaughter, as they was gross and criminal negligence.

Front 2

Failure to Act under statute-

Statute can make it an offence in defined circumstanced to fail to act.

Back 2

Example-

S.1 (1) of the children's and young persons Act 1933

The Acts Reus of this offence is simply failure for whatever reason to provide the child with necessary medical care.

Front 3

Assumed responsibility-

One can be made liable where there is an assumed responsibility for the care of a aged or inform person.

Back 3

Example-

Stone V Do bins on (1977)

An unmarried couple invited stones middle ages sister to come live with them, she was anorexic. They were are she was neglecting herself- failing to advise or get medical help. She was found dead in her bed, full of bed sores. They were convicted of manslaughter.

Front 4

Duty through a relationship-

The law imposed a duty to act in these circumstances there was a relationship there which forced them too act.

Back 4

Example-

Gibins and Proctor (1918)

Dad and his common law wife failed to feed the mans 7 year old daughter, Nelly. She died from starvation. The women hated Nelly and was clearly the moving force, They were both help liable for her death.

Front 5

Creation of a dangerous situation (chain of events)-

Liability exists where a defendant has by his or her own standards created a dangerous situation.

Back 5

Example-

R V Miller (1983)

Miller by his own admission, he became aware of t fire ad still chose to do nothing. If he has tried to put it out or called 999, then he would have escaped liability. The Actus Reus in this case was Arson.

Front 6

Requirement to protect other (duty through official position)-

A defendant may have a particular occupation that requires him or her to act I such way to protect other people.

Back 6

Example-

R V Dytham (1979)

In this instance a police officer was held guilty of a crime when he failed to perform his duty to perseverance the Queens Peace by not protecting a citizen who was being kicked to death. He was sentenced to prison.