Topic

‘Liability for omissions in criminal law’

Author/Academic

JC Smith

Viewpoint

Reviews omissions liability; discusses whether it is the rule or the exception; analyses whether the distinction is helpful; examines how the wording of an offence can influence the finding of liability; considers the overlap between omissions and the continuing transaction theory (Fagan [1968]).

Source

(1984) 4 Legal Studies 88

Topic

‘Criminal omissions—the conventional view’

Author/Academic

Glanville Williams

Viewpoint

Critically analyses the reasons for duties arising; analyses the moral duty to act and the legal duty; and if there is a difference; and if there is, whether there is a justification.

Source

(1991) 107 LQR 86

Topic

‘Manslaughter by omission and the rule of law’

Author/Academic

Andrew Ashworth

Viewpoint

Discusses the problems with the uncertainty over when a person may be liable for homicide through omission.

Source

[2015] Crim LR 563