An Omission

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An Omission An omission is a failure to act. Where someone fails to act, they will not be liable under criminal law however, in some situations people have a duty to act and criminally liability will be imposed. An example of when someone has a duty to act is when there is a special relationship. A practical example of this is demonstrated in the case of R v Lowe. Whereby the parents failed to call the doctor when their child fell ill. The special relationship between the child and the father made the father criminal liable where he failed to act under his duty of care. It has been argued though; that the child’s parents were not entirely mentally stable and that social services or a third party should have been involved. But some may not have seen this as a reasonable defence because he had been entrusted with the responsibility of that child. Another illustration of a duty to act would be the voluntary acceptance of responsibility for another. Such as the case of R v Stone & Dobinson. The case is satisfactory due to the fact that they both accepted responsibility for stones sister. By failing to feed her and seek medical help they incurred criminal liability for her death. On the other hand, Stone and Dobinson were not mentally equipped to sufficiently carry out their duty of care. It could also be argued that they did make some attempt to care for Fanny, but the court decided that they had still failed in caring for somebody they have a duty for. Contract can also give rise to a duty to act. In the case of R v Pittwood, where a man became immediately criminally liable when he failed to act under his contract resulted in a death. The decision in

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