Ch4, Actus Reus: Omissions

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London University External Program


 
  
Created Mar 14, 2010
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abid_2b

 

 
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Contents
 
Contents

4.1 Imposition of liability for an omission to act
4.2 Duty to act under...
2
Negative Duties 
 
The conduct element of the actus reus usually
requires proof of a positive act on the part...
3
Liability for Omission to Act 
 
4.1 Imposition of liability for an omission to act
A crime can be committed by omission,...
4
Laws and Courts Impose Liability 
 
There are circumstances where the law does impose on a person a duty to act. Sometimes
a...
5
to s.6 of the Road Traffic Act 1988
 
Failing to provide a specimen of breath when requested

6
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 
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Offences By Omission Include 
 
4.1.1 Is the offence capable of being committed by omission?

Include
-murder (Gibbins...
8
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...
9
Lord Coleridge CJ in Instan [1893].
 
4.1.2 Was the defendant under a duty to act?
-Moral Duty and
-Legal Duty

Lord...
10
What Duty one ows 
 
-Duty is not onerous one

-D is Not to put his own life to danger but the court will...
11
Moral v Legal Duty 
 
There is a difference, however, between what we might term, ‘moral’ duty to act and a
‘legal’...
12
Lewin v CPS [2002] EWHC Crim 1049
 
Lewin v CPS [2002] EWHC Crim 1049

a decision by the Crown Prosecution Service not to...
13
Scope of a person's duty
 
Scope of a person's duty
Parents towards child depends and are different towards a
-young...
14
Duty Under Contract


Pittwood (1902) 19 TLR 37 Taunton Assizes
 
4.2 Duty to act under the common law

a) There is a duty arising out of a contract

Pittwood...
15
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...
16
Miller [1983] 2 AC 161 HL:
 
b) D has inadvertently created a dangerous situation, becomes aware of it, but fails to take...
17
Gibbins and Proctor [1918]; cf Instan [1893]).
 
c) There is a duty s arising out of the relationship itself

-Husband and wives to...
18
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...
19
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...
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Per Geoffrey Lane LJ:
 

d) A person has assumed the duty to care for another
(Per Brett J in R v Nicholls...
21
Lord Diplock said:
 
Lord Diplock said:
I see no rational ground for excluding from conduct capable of giving...
22
Acts Or Omissions 
 
4.3 Distinguishing between act and omission

Whether we term certain events ‘acts’...
23

– the House of Lords in Airdale NHS Trust v Bland [1993]
 
Authority on omission
Comatose patient
removal of nasogastric tube
-artificial...
24
Re: A (Conjoined twins: Surgical Separation ) [2001]
 
Re: A (Conjoined twins: Surgical Separation ) [2001]

-surgery to separate the twins...
25
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...
26
Ms B v An NHS Hospital [2002]
 
Ms B v An NHS Hospital [2002] , Ms B sought and obtained declaration
-refusal to disconnect...
27
R v Cox [1992],
 
R v Cox [1992],
-Dr Cox's patient was dying
-patient with approval of family...
28
Court of Appeal in Re: A (Conjoined twins: Surgical separation) [2001]
 
distinguished by  
Airdale NHS Trust v Bland [1993]
that was comatose patient and...
29
Can an existing duty cease?
 
Can an existing duty cease?
Another issue which has fallen to be considered by the courts...
30
(see Adomako [1995]).
 
-doctor owe duty to patient
-if does not act to a reasonable standard
-results in injury...
31
Khan and Khan [1998]
 
4.4 New categories of duty

Khan and Khan [1998]
-Drug dealer supply heroin to victim
-ingested...
32
Swinton LJ commented:
 
quashed. Swinton LJ commented:
To extend the duty to summon medical assistance to a drug...
33
In Singh (Gurphal) [1999]
 
In Singh (Gurphal) [1999] the Court of Appeal held that the question as to whether a situation
gave...
34
Willoughby [2004] EWCA Crim 3365
 
In Willoughby [2004] EWCA Crim 3365 the Court of Appeal held that it was the former. See
Chapter...
35
Circumstance Element 
 
4.5 The ‘circumstances’ element of the actus reus

 For example, the circumstances...
36
State of affairs as an actus reus
 
State of affairs as an actus reus
Occasionally the actus reus of an offence is the state...
37
Larsonneur (1933) 24 Cr App R 74.
 
Larsonneur (1933) 24 Cr App R 74.
-Ms Larsonneur, a French citizen
-brought to UK from...
38
Winzar v Chief Constable of Kent (1983)
 
Winzar v Chief Constable of Kent (1983) The Times, 28 March
-D was drunk and slumped
-found...
39
Summary 
 
Summary
The conduct element of the actus reus of an offence can include an act, an omission...

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