The K-Zone: omission
There are few `crimes of omission' in English law. On the whole, failing
to prevent harm is not a crime unless there is a legal duty of care.
I would not be guilty of any specific offence if I stood by and
watched a stranger jump off a cliff, however easy it would be
for me to prevent the harm. Cases where an omission may be an
offence include:
-
wilful refusal to comply with a statutory obligation. An example might be
refusing to supply a breath specimen for an alcohol test when the law requires
that one does so;
-
not carrying out a duty which is a contractual obligation;
-
failing to exercise a duty of care (e.g., parents for their children),
including cases where duty of care has been assumed
(see: AssumedDutyOfCare);
-
where the omission omits to correct a harmful situation caused by the defendent
(see: RVMiller1983).
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