Professional Documents
Culture Documents
Principle of legality Elements of certainty and predictability to ensure people know the existence and extent of the law Role of Courts Precedent Law making Develop the law through interpretation Take into account provisions of ECHR
Throughout the web of the English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoners guilt.
Woolmington v DPP
per Viscount Sankey Duty on prosecution to prove guilt If there is reasonable doubt, prisoner to be acquitted. No matter what the charge, where the trial
Burden of Proof
On the prosecution Standard Of Proof beyond a reasonable doubt Exceptions? Common law defence of insanity Statute expressly provides otherwise
Eg: Theft Dishonestly appropriating property belong to another with the intention of permanently depriving the other of it.
Act
Specifically described Results/Consequences
Omission
Distinction between act & omission a fine one Eg. Greener v DPP (1996) The Times, Feb 15 1996 3(3) of the Dangerous Dogs Act 1991:If the owner of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there it injures any person, he is guilty of an offence Act or omission?
Omission
Criminal law imposes no obligation on persons to act so as to prevent the occurrence of harm or wrongdoing Save for exceptional circumstances Compromise need to preserve freedom of autonomy and the need to protect peoples lives and wellbeing. (Herring)
Omission
1. Express
offences
2. Legal
duty to act
Omission
Express offences
Definition of the offence specifies an omission to act Examples Section 24A Theft Act 1968 he dishonestly fails to take such steps as are reasonable Section 6(5) Road Traffic Act A constable may arrest a person without warrant if that person has failed to provide a specimen of breath for a breath test when required to do so
Omission
Express offences Ahmad (1986) 84 Cr App Rep 64, CA s1(3) Protection from Eviction Act 1977 Acts of landlord which are likely to interfere with the peace or comfort of a residential occupier with the intention to cause him to give up occupation amounts to harassment Landlord failed to rectify serious defect with such intention Held: Not guilty
Omission
1. Express
offences
2. Legal
duty to act
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
Duty arising from holding a public office
Dytham (1979) QB 722 An on-duty uniformed policeman witnessed a murder but did not do anything to prevent it Charged for CL offence of misconduct in a public office Held: there was a deliberate failure and willful neglect without reasonable excuse/justification.
PUTRAJAYA: Two Marine Department ship inspectors who were the officers-in-charge on Saturday when the ferry Seagull Express 2 caught fire and sank have been suspended from duties.
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
Duty arising under a contract
Omission
Duty arising under a contract
Pittwood (1902) 19 TLR 37 Held: Guilty of gross negligence manslaughter a man might incur criminal liability from a duty arising out of contract." Duty owed to road users even though contract with railway company
Omission
Duty arising under a contract
Instan [1893] 1 Q.B. 450 Facts per Hawkins, J. Why should not a contract be implied from such circumstances as those in this case? Suppose two people agreed to live together for their mutual benefit, would not the mere fact of their living together be evidence from which an undertaking might be implied?
Instan [1893] 1 Q.B. 450 Not every moral obligation involves a legal duty There was a clear duty in this case She took in food using the deceaseds money Under the voluntary head?
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
Duty out of relationship
Gibbins and Proctor (1918) 13 Cr.App.R. 134 Facts Duty on Gibbins as father Duty on Proctor to look after the child Held: Guilty for murder
Omission
Duty out of relationship
Airedale NHS Trust v Bland [1993] AC 789 Invasive medical procedure No consent, no benefit Not under a duty nor entitled to carry on medical treatment Held: the omission to perform what had previously been a duty would no longer be unlawful Compare with Smith [1979] Crim.L.R. 251
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
Duty from volunteering Voluntarily assume responsibility, knowing that there was reliance. Instan [1893] 1 Q.B. 450 But did she volunteer to take care of her aunt? Stone and Dobinson [1977] Q.B.354 They agreed to take in Stones sister who fell sick. Neighbour? Ruffell [2003] EWCA Crim. 122 Agreed to take deceased back into the house.
Omission
2. a) b) c) d) e)
Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts
Omission
Duty arising from own act
Miller [1983] 2 A.C.161 Facts When the accused created a dangerous situation Actus Reus of arson is present if accidentally starts fire and thereafter, recklessly failed to take any steps to put it out.
Omission
New categories? R v Khan & Anor [1998] Crim.L.R. 830 Duty on drug dealer owed to druggie?
Acts or omission?
Fagan [1969] 1 QB 439 Facts Found guilty of assault Act or omission?
Acts or omission?
(The distinction is a) morally and intellectually dubious distinction. per Lord Mustill in Blands case
Acts or omission?
Lord Mustill in Blands case Removing the feeding tube positive act or omission? Leaving the tube but not letting the nutrients pass through? Timed feeding? Essentially, what is being done is to omit to feed.
Acts or omission?
Acts or omission?
NHS Trust A v M, NHS Trust B v H [2001] 1 All ER 801
Acts or omission?
NHS Trust A v M, NHS Trust B v H [2001] 1 All ER 801
Deprivation of life Deliberate act resulting in death Not providing treatment Death is due to injuries Includes discontinuing treatment when no longer in the best interest to do so
Omission
Recap
Criminal law imposes no obligation on persons to act so as to prevent the occurrence of harm or wrongdoing Save for exceptional circumstances Compromise need to preserve freedom of autonomy and the need to protect peoples lives and wellbeing. peoples (Herring)
The Star
Nation Thursday October 18, 2007
KUALA LUMPUR: A security guard, who fled when robbers hit the goldsmith outlet where he worked, has been picked up for questioning. The police want to know why he ran away as he had a gun while the robbers just had parang and hammers.
omission, or event Occurring in certain defined circumstances, and/or Resulting in a defined consequence
omission, or event Occurring in certain defined circumstances, and/or Resulting in a defined consequence
Event (or conduct, status, condition) S 25 Theft Act Going equipped for stealing, etc. (1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
Event (or conduct, status, condition) Street Offences Act 1959 1 Loitering or soliciting for purposes of prostitution (1)It shall be an offence for a common prostitute (whether male or female) to loiter or solicit in a street or public place for the purpose of prostitution.
S 25 Theft Act Going equipped for stealing, etc. (1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.