47933
Omission
- means failure to act
- Usually it states an omission cannot
make someone guilty of an offence
- However according to English law a person
can be found liable due to omission
- One duty of care is if the defendant is under a contractual duty
- Pittwood
- Opened the level crossing to allow a car to pass but failed to close it again resulting in a train crash
- He was guilty of manslaughter
- He was guilty of manslaughter
- Opened the level crossing to allow a car to pass but failed to close it again resulting in a train crash
- Pittwood
- Another example where you can be guilty
of omission is if the defendant owes a duty
of relationship
- Gibbons v Proctor
- Another case is Instan
- Niece failed to look after aunt
- Niece failed to look after aunt
- Gibbons v Proctor
- When a duty is taken on voluntarily
- Stone v dobinson
- Their elderly relative was taken in to their home and they neglected her
- Defendants were liable for negligence manslaughter
- Defendants were liable for negligence manslaughter
- Their elderly relative was taken in to their home and they neglected her
- Stone v dobinson
- Duty owed through official position
- Dytham
- Police officer watched a man get beaten up by a bouncer
- He was charged with misfeasance in a public place
- He was charged with misfeasance in a public place
- Police officer watched a man get beaten up by a bouncer
- Dytham
- A duty arises if defendant has set a chain of dangerous events
- Miller
- D set building on fire and did nothing about it
- Failure to do so is the actus reus of the crime
- Failure to do so is the actus reus of the crime
- D set building on fire and did nothing about it
- Miller
- If an act of parliament creating liability has been made
- Failing to provide a breath test
- Not reporting an incident
- Failing to provide a breath test
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