What Makes you Liable for a Criminal Offence?. Focus: OMISSIONS as actus reus. ALL pupils can OUTLINE how a person can be FOUND GUILTY of a criminal offence. Learning Objectives:. MOST pupils can EXPLAIN the meaning of OMISSIONS.
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OMISSIONS as actusreus
ALL pupils can OUTLINE how a person can be FOUND GUILTY of a criminal offence
MOST pupils can EXPLAIN the meaning of OMISSIONS
SOME pupils can APPLY cases to their EXPLANATION of the term OMISSIONS
If I don’t bother to stop her taking the scissors and she gets hurt, am I to blame?
Stephen J (19thC) – “A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned. A has committed no offence.”
In some cases a failure to act is seen as an ActusReus.
This is where there is a duty on the behalf of D to act.
AirdaleNHS Trust v Bland (1993)
Discontinuing treatment of a patient is not an omission.
Khan and Khan (1998)
Ds supplied heroin to a new user who took it in their presence and then collapsed.
They left her alone and by the time they returned to the flat she had died.
Explain using examples the meaning of the term actusreus(8 marks)
Due next lesson
‘Law should encourage citizens in their civic duty to do ‘the right thing’ and not to turn a blind eye to someone who is in need.’
Does the law relating to omissions reflect this view?