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375500
Omissions
Description
A-Level Law (Elements of a crime) Mind Map on Omissions, created by lottelou96 on 20/11/2013.
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elements of a crime
law
law
elements of a crime
a-level
Mind Map by
lottelou96
, updated more than 1 year ago
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Created by
lottelou96
over 10 years ago
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Resource summary
Omissions
This is part of the actus reus
The English law does not enforce a 'Good Samaritan' law, which France and the Netherlands do, where D can be found guilty for failing to act
Should criminal law interfere with questions of morality?
Is it up to a judge or a jury to determine whether or not someone is under a duty of care?
Public policy suggests that the rights and freedoms of the individual are significant and people should have free choice in the matter
However, the law does punish those who fail to act in two situations
Where it is a crime to fail to act eg failing to stop and provide your name and address to a police officer
Failing to act when a person is under a duty to act
(a) under a contract
Dytham
Pittwood
Adomako
(b) a duty arising because of a relationship
Gibbins & Proctor
Smith
(c) a duty arising due to an assumption of care
Gibbons & Proctor
Stone & Dobinson
(d) a duty to act because D has created the dangerous situation
Miller
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