Acts & Omissions Criminal Law
This essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions, which can form a basis for criminal liability; and in the doctrine of actus novus interveniens.
A clear distinction is seen in the definitions of an act and omission. When the actus reus, and mens rea of a crime exists – an act is an action that have caused harm to a person, or damage to property, while an omission is where an action that could have reduced or prevented the harm or damage is not taken when the person in under a duty.
However, the judges faces difficulty in distinction when (1) the actus reus of a crime does not admit an omission to form the basis of satisfying its criteria (2) the statute law does not express when a person has an obligation to act and how an omission could amount to crime. In such cases, judges have attempted to circumvent these hurdles by disguising an omission as an act to criminalize the defendants.
In Fagan v Metropolitan Police Commissioner [1969], Fagan’s act of accidentally driving onto a policeman’s foot, and his refusal to remove the car was seen as one continuous act. This decision circumvented the issue of necessitating the mens rea and actus reus of battery to coincide; however, it led to the blurring of the distinction.
Similarly, in the case of R v Miller [1982], the Court of Appeal held that Miller’s accidental falling asleep with a lit cigarette and his movement to the next room was one continuous reckless act. However, in the House of Lords, Lord Diplock applied the theory of duty. A duty had arisen as he saw Miller creating a situation that endangered others and it was reasonably foreseeable that it would lead to damage of property. His consequent omission to put out the fire was said to amount to the actus reus of arson. As such, a distinction could have been drawn in Fagan if his act of driving the car onto the victim was perceived to
A clear distinction is seen in the definitions of an act and omission. When the actus reus, and mens rea of a crime exists – an act is an action that have caused harm to a person, or damage to property, while an omission is where an action that could have reduced or prevented the harm or damage is not taken when the person in under a duty.
However, the judges faces difficulty in distinction when (1) the actus reus of a crime does not admit an omission to form the basis of satisfying its criteria (2) the statute law does not express when a person has an obligation to act and how an omission could amount to crime. In such cases, judges have attempted to circumvent these hurdles by disguising an omission as an act to criminalize the defendants.
In Fagan v Metropolitan Police Commissioner [1969], Fagan’s act of accidentally driving onto a policeman’s foot, and his refusal to remove the car was seen as one continuous act. This decision circumvented the issue of necessitating the mens rea and actus reus of battery to coincide; however, it led to the blurring of the distinction.
Similarly, in the case of R v Miller [1982], the Court of Appeal held that Miller’s accidental falling asleep with a lit cigarette and his movement to the next room was one continuous reckless act. However, in the House of Lords, Lord Diplock applied the theory of duty. A duty had arisen as he saw Miller creating a situation that endangered others and it was reasonably foreseeable that it would lead to damage of property. His consequent omission to put out the fire was said to amount to the actus reus of arson. As such, a distinction could have been drawn in Fagan if his act of driving the car onto the victim was perceived to