omissions

what is an omission

a failure to act where there is a duty to act

exceptions in which a duty of care will arise

• specific statutory and common law offences

• special relationship with the victim

• persons assuming a particular responsibility ( eg civil role or doctor)

• special relationship to harm

• continuing act doctrine

specific statutory and common law offences

eg. failing to provide a breath specimen when asked to by a police officer

Duty Imposed as due to a special relationship with the victim

A general legal duty, eg. parental ; becomes almost proportional to age and level of dependency ( Stone V Dobinson)

( Smith ) - marriage does not generate a DOC itself but can be readily inferred

Duties imposed on persons assuming a particular responsibility

Pitwood - civil law obligations ; railway gate manager left gate open, passenger struck, convicted of manslaughter

Continuing act doctrine

D brings about actus reus, without mens rea, and whilst consequences continue, intentionally omits to remedy or discontinue them ( Fagan V Met police commissioner)

Duties imposed on persons with a special relationship to the harm

Duty to ‘ take measures that lie within one’s power to counteract a danger than oneself created ‘

must be accompanied by other required elements - eg, mens rea ( Miller)

extended in Evans, CoA - duties can now arise when a person has created or contributed to the state of affairs