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Omissions (Statutory Obligation (States that it is an offence to fail to…
Omissions
Statutory Obligation
States that it is an offence to fail to provide a breath specimen to a police officer when requested to do so.
It is also an offence to fail stop after a road
traffic accident (RTA 1988)
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It is an offence for a member of the same household to cause or allow the death of a vulnerable child or adult.
A Contractual Duty
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The D was employed as a
gatekeeper at a railway crossing,
He went for his lunch and forgot to close the gate, as a result man on a cart crossed the line and was killed.
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Official position
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A uniformed officer saw a man being kick to death. He took no steps to stop the attack and drove away when it was over. He was convicted of ‘misconduct in public office’, as had neglected to act to protect the victim.
Special Relationship
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Gibbins daughter lived with him and his partner, Proctor. They deliberately starved her to death. They both had a duty to care for her and were responsible for murder by omission.
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As a general rule the law does not impose liability for an omission - failure to act, because there is not a Good Samaritan’ law in the English legal system.