Omissions

lottelou96
Mind Map by , created almost 6 years ago

A-Level Law (Elements of a crime) Mind Map on Omissions, created by lottelou96 on 11/20/2013.

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lottelou96
Created by lottelou96 almost 6 years ago
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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
2.1 Should criminal law interfere with questions of morality?
2.1.1 Is it up to a judge or a jury to determine whether or not someone is under a duty of care?
2.2 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
3.1 Where it is a crime to fail to act eg failing to stop and provide your name and address to a police officer
3.2 Failing to act when a person is under a duty to act
3.2.1 (a) under a contract
3.2.1.1 Dytham
3.2.1.2 Pittwood
3.2.1.3 Adomako
3.2.2 (b) a duty arising because of a relationship
3.2.2.1 Gibbins & Proctor
3.2.2.2 Smith
3.2.3 (c) a duty arising due to an assumption of care
3.2.3.1 Gibbons & Proctor
3.2.3.2 Stone & Dobinson
3.2.4 (d) a duty to act because D has created the dangerous situation
3.2.4.1 Miller

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