Omission Seminar Notes PDF

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Summary of Omission...

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Omission Public office can imply duty to act. e.g. R v Dytham [1979] QB 722 - e.g. police officer has a duty of care to all society even if they are 'off duty' Contractual duty: the contract imposes the duty to act and therefore can attract criminal liability R v Pittwood [1902] 19 TLR 37 - he was held criminally liable because it was his duty to ensure that nobody was hurt in the terms of his contract of employment. Special relationship: PARENTS OWE DUTY TO PROTECT CHILDREN FROM HARM. e.g. R v Gibbons & Proctor [1918] 13 Cr App R 134 - have a duty to actively protect their child Other family members?- law seems uncertain Seems to depend on interdependence rather than nature of relationship. It is unclear if thus duty extends to close family e.g. siblings Voluntary assumption of responsibility: Controversial concept and application unclear. e.g. R v Stone & Dobinson [1977] QB 354 Assumption of responsibility when jointly engaged in lawful/ unlawful, dangerous activities: R v Khan [1998] Crim LR 830 R v Ruffell [2003] EWCA CRIM 122 Creation of a dangerous situation: R v Miller [1983] 2 AC 161- if you create a dangerous situation you are liable to ensure no one gets hurt...