Mind map
Omissions

Mind map: omissions in criminal law
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Omissions
This is part of the actus reus
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
- Should criminal law interfere with questions of morality?
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
- (a) under a contract
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- A-Level Law (Elements of a crime) Mind Map on Omissions, created by lottelou96 on 20/11/2013.
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- lottelou96
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