Q: “Culpable inaction is always less blameworthy than culpable action.”

Critically consider when criminal liability may arise in respect of an omission.

Essay outline answer

You should start with the general rule that liability for not acting does not arise in the criminal law even where the inaction is culpable or blameworthy, but this rule is subject to certain exceptions where there is a breach of a duty. You would then have to consider when duties arise. It is not uncommon for students to split essay titles such as this into two separate parts (when duties do arise, and whether the imposition of liability can be defended or justified), but the more sophisticated approach is to integrate the explanations about the categories of duty with the discussion on whether omission liability is of value to the criminal law, and how action may be equally culpable as inaction. This technique has two benefits; it avoids repetition, and it shows the examiner you are answering the question. For example, you could say, ‘Culpable omissions and culpable actions are no more or less blameworthy in certain cases (Gibbins and Proctor 1918), and so the reason the criminal law regards omissions liability as the exception rather than the rule is because of the principle of autonomy rather than relative blameworthiness’. You have to provide the examiner with a full debate using the ‘normal’ classifications used in the book, and for each category of duty, make sure you have cases to illustrate the point you are making.  Show­case your knowledge with regular relevant authorities, such as Evans [2009].