• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

In general, the criminal law prohibits the doing of harm, but it does not impose a liability for failure to do good. Assess the truth of statement by reference to the situations persons may incur.

Extracts from this document...


In general, the criminal law prohibits the doing of harm, but it does not impose a liability for failure to do good. Assess the truth of statement by reference to the situations persons may incur. For a person to commit a crime, he must have committed some kind of act. There are three ways in which a person can be tested on whether he has committed the crime. The first is that there must be a crime in the first place i.e. murder. The second is that he must have meant to cause it e.g. the result would not have happened if he had not caused it. The third is that he must have a duty of care. In English criminal law, a person is prohibited from causing any kind of harm to another individual. ...read more.


People to whom this concerns are people like police, firemen and paramedics. If a paramedic was walking down the street and he seen someone being shot and he did not even stop to help he could in theory be convicted of manslaughter, but if the situation was that he could not do anything because the person who shot the individual would have in fact shot the paramedic if he did anything, then the paramedic would not have been convicted. If the duty to act involved putting yourself at a greater risk than a man of ordinary firmness and activity might be expected to encounter, you are not responsible for failing to act. Some people on the other hand have a voluntary duty to act. In the case of R V Stone and Dobinson (1977), a couple had taken in stones invalid sister because she could not take care of her self. ...read more.


The fire quickly got out of control very quickly, but the defendant failed to inform the fire brigade or to even extinguish the fire. Instead he just left it to burn. The duty of care in this case would have been to ring the fire brigade straight away as to extinguish the fire. A doctor is under a duty to care for a patient unless the patient refuses medical treatment. In this case the doctor has tried to help and so cannot be found guilty of any crime. If the patient is unable to give Instruction into whether he would like to refuse treatment the doctor will always act in the best interests of the patient. In the case of Airedale National Health Service trust v Bland (1993), Bland was in a vegetative state. The House of Lords decided that it was in his best interests to cease feeding him and allow him to die. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

3 star(s)

Summary:This answer is descriptive in nature but does not address the "Assess the .." part of the question. The description of cases where a failure to comply with a duty amounts to a criminal offence is generally accurate.
Rating: *** (just)

Marked by teacher Nick Price 05/07/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    Common Law and Equity

    5 star(s)

    It was said that "Equity varied with the length of the Chancellors foot". This gave rise to equity and the proceedings took place in the Court of Chancery, where they were started by either a bill or a petition. Equity is a very important part of law as it over

  2. Marked by a teacher


    4 star(s)

    boy and feed on his body because they would have not survived without doing this. For this case there is a ratio decidendi stating that there is "No defence of killing by necessity". The case is being heard by the criminal court because it is a case involving death.

  1. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    Solicitors are governed by the Law Society which controls such areas as qualification, admittance to the Roll of Solicitors, supervision of the accounts of solicitors, grievance procedures against solicitors, and discipline. The Bar Council is the barrister's governing body. It was formed in 1894.

  2. Marked by a teacher

    Examine the debate as to whether the law should reflect moral values, and discuss ...

    3 star(s)

    forced into this industry, those people who don't want to but have no option but to. As illustrated in the case of Shaw V DPP. Here, they are increasing the rate of public turning to prosecution. Us general public, even though some may feel it to be morally wrong, others may carry on creating more of a demand.

  1. Marked by a teacher

    Common Law and Equity - its history and development

    3 star(s)

    But over the years he built up a large number of rules which made things fair which is now called equity. In common law had there were certain rules to follow whereas in equity could solve the problems common law had.

  2. "Equity was no more than just a gloss on common law." Critically evaluate this ...

    By this Act common law courts and the courts of chancery were united in the supreme court of judicature and all judges were required to apply both law and equity in the resolution of cases. By this time the various Chancellors had systemised the rules of equity so that equity had become as predictable and rigid as common law.

  1. Common Law and Equity Essay

    The injunction is an ancillary remedy in the action against the tenant. Rescission allowed the parties to a contract where they can be in their original positions in the case of a contract induced by a falsification. Rectification allowed the contracted documents to be altered and specific performance orders the party to act as promised under the contract.

  2. Common Law and Equity

    The other jurisdiction if equity was providing alternate or new remedies to the writ system where common law could not provide any i.e. Specific Performance. This was useful for claims for breach of contract. Common law doesn't provide remedies for breach of contract, but the remedy might not always be suitable.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work