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Liability For Omissions: Robert Hiscocks

The document discusses liability for criminal omissions in the UK. It notes that to be liable for a criminal omission, one must have a legal duty to act, breach that duty, and that breach must cause the criminal offense. Legal duties to act can arise from statutes, contracts, parental duties, voluntarily assuming a duty, creating a danger, controlling third parties, or withholding life-saving treatment. The document provides examples of cases related to each source of a legal duty.

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Kofi Mc Sharp
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116 views10 pages

Liability For Omissions: Robert Hiscocks

The document discusses liability for criminal omissions in the UK. It notes that to be liable for a criminal omission, one must have a legal duty to act, breach that duty, and that breach must cause the criminal offense. Legal duties to act can arise from statutes, contracts, parental duties, voluntarily assuming a duty, creating a danger, controlling third parties, or withholding life-saving treatment. The document provides examples of cases related to each source of a legal duty.

Uploaded by

Kofi Mc Sharp
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LIABILITY FOR

OMISSIONS
Robert Hiscocks

BPP LAW
SCHOOL
BPP LAW
SCHOOL

Liability for Omissions

An omission, without a duty, will not


create an offence
R v Wm Smith

BPP LAW SCHOOL

Liability for Omissions: Requirements


D must have a legal duty to act
He must breach that duty
The breach must cause the offence to
occur
D must have the necessary mens rea for
the offence (where the offence requires
mens rea)

BPP LAW SCHOOL

Duty to Act: Statutory Duty

e.g.
Road Traffic Act 1988 s. 170
Terrorism Act 2000 s. 19
Proceeds of Crime Act 2002 s. 330

BPP LAW SCHOOL

Duty to Act

Public office holders


R v Dytham
Contractual duty
R v Pittwood

BPP LAW SCHOOL

Legal Duty to Act

Parental duty
R v Gibbins & Proctor
Voluntary assumption of duty
Gibbins & Proctor
R v Instan
R v Stone & Dobinson

BPP LAW SCHOOL

Legal Duty to Act: Creation of Danger


R v Miller
I see no rational ground for excluding from
conduct capable of giving rise to criminal
liability, conduct which consists of failing to take
measures that lie within ones power to
counteract a danger that one has oneself
created, if at the time of such conduct ones
state of mind is such as constitutes a
necessary ingredient of the offence.

BPP LAW SCHOOL

Control over 3rd Parties

Du Cros v Lambourne

BPP LAW SCHOOL

Withholding Life Saving Treatment

R v Arthur
Airedale NHS Trust v Bland

BPP LAW SCHOOL

Summary/Reminder

D must have a legal duty to act


He must breach that duty
The breach must cause the offence to
occur
D must have the necessary mens rea for
the offence (where the offence requires
mens rea)

BPP LAW SCHOOL

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