Ch4, Actus Reus: Omissions

London University External Program
 
Created Mar 14, 2010
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Side ASide B
Contents
Contents4.1 Imposition of liability for an omission to act4.2 Duty to act under the common...
Negative Duties 
The conduct element of the actus reus usuallyrequires proof of a positive act on the part of...
Liability for Omission to Act 
4.1 Imposition of liability for an omission to actA crime can be committed by omission, but...
Laws and Courts Impose Liability 
There are circumstances where the law does impose on a person a duty to act. Sometimesa statute...
to s.6 of the Road Traffic Act 1988
Failing to provide a specimen of breath when requested
section 1(1) of the Children and Young Persons Act 1933
Wilfully neglecting a child for whom you are responsible contrary to this given section 
Offences By Omission Include 
4.1.1 Is the offence capable of being committed by omission?Include -murder (Gibbins and Proctor...
4.1.2 Was the defendant under a duty to act?
4.1.2 Was the defendant under a duty to act?-Moral Duty and -Legal Duty Lord Coleridge CJ in...
Lord Coleridge CJ in Instan [1893].
4.1.2 Was the defendant under a duty to act? -Moral Duty and -Legal Duty Lord Coleridge...
What Duty one ows 
-Duty is not onerous one-D is Not to put his own life to danger but the court will see whether...
Moral v Legal Duty 
There is a difference, however, between what we might term, ‘moral’ duty to act and a‘legal’...
Lewin v CPS [2002] EWHC Crim 1049
Lewin v CPS [2002] EWHC Crim 1049 a decision by the Crown Prosecution Service not to prosecute...
Scope of a person's duty
Scope of a person's dutyParents towards child depends and are different towards a -young child-adult...
Duty Under Contract Pittwood (1902) 19 TLR 37 Taunton Assizes
4.2 Duty to act under the common lawa) There is a duty arising out of a contractPittwood (1902)...
Pittwood (1902) 19 TLR 37 Taunton Assizes:
a) There is a duty arising out of a contract Pittwood (1902) 19 TLR 37 Taunton Assizes: -crossing...
Miller [1983] 2 AC 161 HL:
b) D has inadvertently created a dangerous situation, becomes aware of it, but fails to take...
Gibbins and Proctor [1918]; cf Instan [1893]).
c) There is a duty s arising out of the relationship itself -Husband and wives to each other -parents...
Per Brett J in R v Nicholls (1875) 13 Cox 75)
d) A person has assumed the duty to care for another (Per Brett J in R v Nicholls (1875)...
Stone and Dobinson [1977] 1 QB 345
d) A person has assumed the duty to care for another (Per Brett J in R v Nicholls (1875)...
Per Geoffrey Lane LJ:
d) A person has assumed the duty to care for another (Per Brett J in R v Nicholls (1875)...
Lord Diplock said:
Lord Diplock said:I see no rational ground for excluding from conduct capable of giving rise...
Acts Or Omissions 
4.3 Distinguishing between act and omissionWhether we term certain events ‘acts’ or ‘omissions’...
– the House of Lords in Airdale NHS Trust v Bland [1993]
Authority on omission Comatose patient removal of nasogastric tube -artificial nutrition and...
Re: A (Conjoined twins: Surgical Separation ) [2001]
Re: A (Conjoined twins: Surgical Separation ) [2001] -surgery to separate the twins was...
In NHS Trust A v M, NHS Trust B v. H [2001]
In NHS Trust A v M, NHS Trust B v. H [2001] withdrawal of nutrition and hydration from a patient...
Ms B v An NHS Hospital [2002]
Ms B v An NHS Hospital [2002] , Ms B sought and obtained declaration -refusal to disconnect...
R v Cox [1992],
R v Cox [1992], -Dr Cox's patient was dying -patient with approval of family begged...
Court of Appeal in Re: A (Conjoined twins: Surgical separation) [2001]
distinguished by  Airdale NHS Trust v Bland [1993]that was comatose patient and removal...
Can an existing duty cease?
Can an existing duty cease?Another issue which has fallen to be considered by the courts is...
(see Adomako [1995]).
-doctor owe duty to patient-if does not act to a reasonable standard -results in injury or...
Khan and Khan [1998]
4.4 New categories of dutyKhan and Khan [1998]-Drug dealer supply heroin to victim-ingested...
Swinton LJ commented:
quashed. Swinton LJ commented:To extend the duty to summon medical assistance to a drug dealer...
In Singh (Gurphal) [1999]
In Singh (Gurphal) [1999] the Court of Appeal held that the question as to whether a situationgave...
Willoughby [2004] EWCA Crim 3365
In Willoughby [2004] EWCA Crim 3365 the Court of Appeal held that it was the former. SeeChapter...
Circumstance Element 
4.5 The ‘circumstances’ element of the actus reus For example, the circumstances element...
State of affairs as an actus reus
State of affairs as an actus reusOccasionally the actus reus of an offence is the state of...
Larsonneur (1933) 24 Cr App R 74.
Larsonneur (1933) 24 Cr App R 74.-Ms Larsonneur, a French citizen-brought to UK from Ireland...
Winzar v Chief Constable of Kent (1983)
Winzar v Chief Constable of Kent (1983) The Times, 28 March -D was drunk and slumped -found...
Summary 
SummaryThe conduct element of the actus reus of an offence can include an act, an omission...


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