Omission

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

Resource summary

	Created by hayley about 11 years ago