375500
Description
Mind Map by lottelou96, updated more than 1 year ago
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Created by lottelou96
about 11 years ago
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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?
- 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
- Should criminal
law interfere with
questions of
morality?
- 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
- Dytham
- (b) a duty
arising
because of a
relationship
- Gibbins
& Proctor
- Smith
- Gibbins
& Proctor
- (c) a duty
arising due
to an
assumption
of care
- Gibbons
& Proctor
- Stone & Dobinson
- Gibbons
& Proctor
- (d) a duty to act
because D has
created the
dangerous
situation
- Miller
- Miller
- (a) under
a contract
- Where it is a
crime to fail to act
eg failing to stop
and provide your
name and
address to a
police officer
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