• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Omissions as actus reus

Extracts from this document...

Introduction

´╗┐Omissions as actus reus Normal rule is that omissions can?t make a person guilty of an offence. Exceptions to the rule ? 1. A duty undertaken voluntarily 2. A duty through one?s official position 3. A duty which arises because D has set in a motion a chain of events 4. A duty because of a relationship 5. A contractual duty 6. A statutory duty A statutory duty ? Act of Parl can create liability for a duty. For example failure to report a road traffic accident, and or failing to provide a specimen of breath. These offences can only be committed by failing to do something. For example s1 of the Children and Young person?s Act 1933 puts the parents who are legally responsible for a child under duty for providing food, clothes, medical aid and lodging for their children. ...read more.

Middle

A duty because of a relationship ? This is usually a parent ? child relationship and can also apply to an elder child who is looking after their elderly parent. In Gibbins v Proctor the father of a 7 year old child and his partner starved the young girl and kept her separate from the rest of his kids, the child died as a result of their failure to feed her. Although the child was not the woman?s she had assumed responsibility for the girl as she was living with the man and eating food provided by him. A duty voluntarily undertaken ? In Gibbins and Proctor the partner had voluntarily undertaken to look after the 7 year old child, she therefore had a duty towards the child. ...read more.

Conclusion

He was convicted of misconduct in a public place. He appealed on the ground that a failure to act does not create criminal liability. He lost. A duty which arises because the defendant set in motion a chain of events ? It is the concept of owing a duty and being liable through omission. In the case of Miller, the defendant was living in a squat, he had fell asleep with a lighted cigarette and the mattress had caught fire. He was woken up by the fire, but rather than attempting to put it out or seek help he went into another room and fell asleep. The house caught fire and was badly damaged. He appealed against his conviction for arson and argued that a failure to act is an omission and cannot therefore be established as the actus reus of the offence. He lost: it was possible to create liability by failing to remedy a dangerous situation that one has oneself created. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Marked by a teacher

    English law does not normally impose liability for an omission or failure to act ...

    4 star(s)

    This can be closely linked with the previously mentioned ?good Samaritan? law as their duty of care is extinguished if they inform the fire brigade of the harm. There are some potential avenues for reform that could be considered by the Law Commission.

  2. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    Reckless manslaughter A person is guilty of reckless manslaughter if she/he recklessly causes the death of another person. R v Lidar (1999) The defendant drove off with the victim hanging out of the car window. The victim was killed after as he was fallen out of the window and being run over by the defendant.

  1. Criminal offences are usually defined in terms of a guilty act (actus reus) and ...

    However if after the act of the defendant something else occurred which is regarded as being the true cause of the harm, it is said that the chain of causation has been broken. To show actus Reus it is necessary to show that: * The defendants conduct was the factual cause of the harm.

  2. 'Law should encourage citizens in their civic duty to do "the right thing" in ...

    They are only liable in cases of incompetence, as shown in the case of Adomako, where the defendant, an anaesthetist, failed to realise that one of the tubes supplying oxygen to the patient was disconnected. This resulted in the patient having a heart attack and dying six months later.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work