Topic

Author/Academic

Viewpoint

Source

 ‘Liability for omissions in criminal law’

 JC Smith

 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]).

 (1984) 4 Legal Studies 88

‘Criminal omissions—the conventional view’

Glanville Williams

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.

(1991) 107 LQR 86

Manslaughter by omission and the rule of law

Andrew Ashworth

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

[2015] Crim LR 563