From the case of R v Stone and Dobinsonit can be seen that a distinction is important as an omission to perform a duty of care affords a separate avenue, other than an act, for that person to be liable for a criminal offence; in this case, the appellants were guilty of manslaughter by gross negligence.
When the actus reus, and mens rea of a crime exists — an act is an action that have caused harm to a person, or damage to property, Omissions criminal law essay an omission is where an action that could have reduced or prevented the harm or damage is not taken when the person in under a duty.
Nevertheless, some may argue that it is evident that the clarity of parental duty in Gibbins and Proctor was obvious that the defendants indeed had assumed their de facto parental responsibility. Read all the cases in which a defendant has been held guilty of a criminal offence because of an omission; Fagan v MPC, R v Stone, Dobinson etc.
In such cases, judges have attempted to circumvent these hurdles by disguising an omission as an act to criminalize the defendants. While moralism may depend on the matter of perspectives of each person, but with omission liability, certain virtues such as sympathy would be encouraged when there is a duty to rescue during times of emergency.
Also, it can be regarded as inconsequential as both acts and omissions require voluntariness. Hence, punishing them for just being silent is inherently unfair as it would be logical for individuals to mind their own business for the sake of their safety.
Instead, you need to find ways of showing the examiner that you have fully understood the area. Moreover, the defendant merely exercised his basic right to eat as a human to ensure his intake of nutrients when the omission occurred. Distinctions could be clearly drawn if there were reforms in the statutes for the actus reus of certain crimes to 1 admit omissions and 2 identify when a duty of care should arise, and how an omission could satisfy its criteria.
For example, a person is guilty of murder if they are found to have the mens rea and actus reus, which they voluntarily perform. His omission could be taken to form the evidential basis for the actus reus of gross indecency. Thus, it would be unreasonable to convict the father in view that he did not have the knowledge that his child was starving.
It can be suggested that reforms provide a special provision to prevent criminal liability in specific cases whereby an act discontinues life support. Duty from Creating a Dangerous Situation Under this exception, when a person has created a dangerous situation, the person has the duty to take initiative to control it, otherwise it would amount to omissions liability.
However, in the Omissions criminal law essay of Lords, Lord Diplock applied the theory of duty. Speck, being in a position that could have prevented the sexual indecency should have performed the duty of care to do so.
This would be beneficial to the society and the government to regulate the behaviour of the public and ensure fairness in the society.
Ted a ten year old boy is drowning in a lake. The balance between the priority for social responsibility and humanity with autonomy and liberties to justify omissions liability can be puzzling, but it should be noted that communitarian goals should instead prevail.
Perhaps a better example scenario could be if Ted is blind and is about to walk off a cliff and all Barry has to do is shout a warning message.
It would be imprudent to excuse their duty merely due to their incapabilities as it would be inconsistent with the second postulate of the Rule of Law for no man is above the law.
A duty had arisen as he saw Miller creating a situation that endangered others and it was reasonably foreseeable that it would lead to damage of property. In Pittwood, the decision would serve as a deterrence to ensure accountability in any particular professions. He would have still been guilty regardless of whether it was an act of commission or an omission.
The key to answering this question well is to consider whether its reasonable that omission offences should be criminalised. It seems that omission liability had dictated the freedom of the way we wish to live. It should only amount to criminal liability if the doctor had a duty to care for the patient: Therefore, the excuse of the father for his ignorance should not be a defence to the omission created as monetary support alone is not adequate to assume his care for the child.
First of all, it is argued that omissions should be criminalised in view of the obligation of social responsibility. It is contended that it was preposterous to have held the defendants liable for manslaughter as the defendants are physically and mentally incapable to act competent enough to take extra measures to prevent the death of Fanny.
Another case that judges faced a difficulty with a distinction was in R v. Trust v Bland  A. Evidently, the actus reus in sexual offences are not wide enough to accommodate the possibility of omissions committed under a duty of care. R v Firth CA [ 12 ].
The point is by using the essay to engage with key problematical issues in the area, you will write a much better essay than if you adopt a conventional approach that an examiner is likely to have read over and over again.
Let me know if you need me to clarify any of it.Hi, this is the first law essay im having to write and I have no idea where to start! The Question is: 'Positive acts should attract more blame and in. This essay affirms that it is possible to draw a distinction; albeit not a clear one.
A distinction is important in order to avoid overlooking omissions, which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission.
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Published: Tue, 02 Jan The general position in criminal law is that a person cannot be held to be liable for failing to act, unlike someone who deliberately acts. Essay on criminal law esssay Words | 5 Pages English law has been subject to being described as unprincipled and inconsistent in its approach to the question of whether the failure to act is a sufficient basis for criminal liability.
Essay on criminal law esssay Words | 5 Pages. English law has been subject to being described as unprincipled and inconsistent in its approach to the question of whether the failure to act is a sufficient basis for criminal liability. Essay on Acts & Omissions Criminal Law This essay affirms that it is possible to draw a distinction; albeit not a clear one.
A distinction is important in order to avoid overlooking omissions, which can form a basis for criminal liability; .Download