CRIMINAL LAW NOTES
Actus Reus – omissions:
“Unlawfully causing the death of a human being under the Queen’s
Peace”
Exceptions
o Bigamy (conduct crime)
o Murder (result crime)
Law distinguish between act and omission
o General rule – no liability omission to act. Conduct offences
require positive act by D establish liability. “No duty of easy
rescue”. Fitzjames Stephen, Digest of Criminal Law (1887).
o Airedale NHS Trust v Bland (1993)
o Exceptions – omissions liability
No criminal liability got omission to act. Liability
imposed D, D legal duty act and fails.
Law imposes duty on individual to act. Duty D act – fails
– guilty criminal offence by omission.
Special relationship
o Closer relationship, more likely impose duty
individual to act
o Parent and child. Married couple. Doctor
and patient
o Gibbins v Proctor (1918)
Voluntary assumption of responsibility
o D care helpless/inform relative, omission do
so resulting in death. D guilty
murder/manslaughter. Care for another
result express/implied act.
o Stone & Dobinson (1977)
o Nicholls (1974)
Actus Reus – omissions:
“Unlawfully causing the death of a human being under the Queen’s
Peace”
Exceptions
o Bigamy (conduct crime)
o Murder (result crime)
Law distinguish between act and omission
o General rule – no liability omission to act. Conduct offences
require positive act by D establish liability. “No duty of easy
rescue”. Fitzjames Stephen, Digest of Criminal Law (1887).
o Airedale NHS Trust v Bland (1993)
o Exceptions – omissions liability
No criminal liability got omission to act. Liability
imposed D, D legal duty act and fails.
Law imposes duty on individual to act. Duty D act – fails
– guilty criminal offence by omission.
Special relationship
o Closer relationship, more likely impose duty
individual to act
o Parent and child. Married couple. Doctor
and patient
o Gibbins v Proctor (1918)
Voluntary assumption of responsibility
o D care helpless/inform relative, omission do
so resulting in death. D guilty
murder/manslaughter. Care for another
result express/implied act.
o Stone & Dobinson (1977)
o Nicholls (1974)
