Omissions

Omissions

1. This is part of the actus reus

2. 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?
   • Public policy suggests that the rights and freedoms of the individual are significant and people should have free choice in the matter

3. 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
     • (b) a duty arising because of a relationship
       • Gibbins & Proctor
       • Smith
     • (c) a duty arising due to an assumption of care
       • Gibbons & Proctor
       • Stone & Dobinson
     • (d) a duty to act because D has created the dangerous situation
       • Miller