Actus reus: omissions

9 cards

We omit to do everything in the world that is not done. Only those of us omit in law who are under a duty to act.

Created Nov 1, 2012


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Statute may state specifically that the actus reus of an offence is committed by omission and...
Eg. s.1(1) of The Children and Young Persons Act 1933 makes it an offence to willfully neglect...
Where statute provides that actus reus is committed by omission, it will be clear that a duty...
where it is found that D was under duty to act and unreasonably failed to do so, burden remains...
Offences interpreted by the courts as capable of being committed by omission include murder...
Gibbins and Proctor [1918]
D and his common law wife failed to feed the man's...
An authority for the proposition that the offence of assault cannot be committed by omission
Fagan v MPC [1969] - A policeman was directing the defendant to park his car. The...
Difference between moral duty to act and legal duty to act
No legal sanction is imposed for breach of a moral duty, altho there may be social opprobrium....
Issue for courts in developing law and legislature is: when should a legal duty be imposed...
The boundaries are very unclear
- Evans (2009)
- Khan and Khan
Distinction between and act and omission - problems associated with distinguishing between...
Airdale NHS Trust v Bland [1993]- House of Lords ruled that removal of a nasogastric...
New Categories of Duty
- Khan and Khan [1998]- 2 drug dealers supplied herion to a person who after ingesting...
State of affairs of an actus reus
Occasionally, the actus reus of an offence is the state of affairs rather than the conduct...

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