Omission

hayley
Mind Map by hayley, updated more than 1 year ago
hayley
Created by hayley almost 8 years ago
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Description

Law (Criminal law) Mind Map on Omission, created by hayley on 04/16/2013.

Resource summary

Omission
  1. means failure to act
    1. Usually it states an omission cannot make someone guilty of an offence
      1. However according to English law a person can be found liable due to omission
        1. 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
          2. Another example where you can be guilty of omission is if the defendant owes a duty of relationship
            1. Gibbons v Proctor
              1. Another case is Instan
                1. Niece failed to look after aunt
              2. 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
                2. 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
                  2. 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
                    2. If an act of parliament creating liability has been made
                      1. Failing to provide a breath test
                        1. Not reporting an incident
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