omissions

Omissions
• Omission: failure to act.
• The phrase “commission by omission” simply means that a criminal offence can be
committed by an omission.
• Most crimes: Actus reus + Mens reus = Criminal liability
• Some crimes: Omission + Mens reus = Criminal liability
 An omission only is culpable (i.e., blameworthy) in criminal law if the defendant had a
duty to act and then fails to do so.
 A “duty to act” can arise in only a small number of situations.
 The jury must decide whether a duty to act existed and whether that duty was
breached.
 If a jury are not sure that a duty to act existed, then the defendant should be
acquitted - Khan and Khan (1998).
• Duties in criminal law:
 Contractual duty
 Statutory duty
 Special relationship
 Assumption of duty
 Dangerous situation

1. Contractual duty

 A person working within a contract is under a duty to act.
 This includes all professionals, such as lifeguards, police, teachers and doctors etc.
 An omission in these circumstances will attract criminal charges if it leads to some
harm (especially death).
 Pittwood (1902):
 Facts: A signalman was employed to look after a level crossing. He left the gate
open and left his post when a train came, and a pedestrian was killed. He argued
that he only had a duty towards his employer.
 Held: the defendant had a duty towards his employer and fellow pedestrians to
ensure that they were safe.

2. Statutory duty

 A statutory duty to act can be imposed upon a person, rendering their omission a
criminal offence.
 Some typical examples are listed below:
 Statute: Section 6 of the Road Traffic Act 1988
o Offence: Failing to provide a police officer with a specimen of breath when
required to do so.
 Statute: Section 170 of the Road Traffic Act 1988
o Offence: Failing to stop and provide a name and address to any person
requiring it after your vehicle has been in an accident resulting in injury or
damage.