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.
• 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.
