Criminal Law Report: Omission, Duty of Care, and Third-Party Liability

This report provides a comprehensive analysis of criminal law, focusing on the concept of omission and its implications on duty of care and criminal liability. The report examines a case involving three cousins, Alan, Brian, and Charley, where Brian's actions lead to Alan's death due to arsenic-laced cocaine, and Charley's death due to Edward's negligence at a railway crossing, with David, an off-duty policeman, failing to act. The main body of the report delves into the law of omission, defining it as a failure to perform duties that results in harm, and discusses various situations where omission can lead to criminal liability. These situations include duties arising from statutes, contracts, relationships, voluntary responsibilities, and the commission of a fault. The report analyzes the duties of Brian, Edward, and David, highlighting their liabilities under the law of omission. It also covers the elements of crime by omission, including duty of care, and examines how third parties can be held liable. The conclusion summarizes the key findings and emphasizes the importance of understanding the complexities of criminal law in such cases.

Criminal Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY ..................................................................................................................................1
CONCLUSION ...............................................................................................................................4
REFERENCES ...............................................................................................................................6

INTRODUCTION
Criminal law is the body of law that relates to crime, it proscribes conduct perceived as
threatening, harmful, or otherwise endangering to the health, safety and property. Generally, all
business law kind of cases are established by statue under which is enacted by law and also
includes punishment for those who violate these laws.
Present case is based on three cousins, Alan, Brian and Charley. They were off to
celebrate Alan’s birthday out of town. Meanwhile, Brian brings some cocaine as a birthday gift
for Alan. But it turns out to be laced with arsenic and Alan collapses. In throughout the process
Alan died, Due to sudden happened both Brian and Charley were left out. Meanwhile, David is
another person who is off duty policeman and suspect who sees everything happened with Alan.
There is one another person who avoid their duty that one is Edward the person responsible for
operating the barrier is engrossed in the latest episodes of thrones. For that, they ignore to close
the barriers even though there is a train has come (Card, Cross and Jones, 2014). Due to which
bus got hit be train and Charley is killed straight-out. Overall, scenario relates to omission. Under
which Brain, Edward and David failure to act or fails to pay attention towards his duties.
MAIN BODY
Omission law : According to law of omission is defines that under which people are fails to
perform their duties and rights due to which other persons get affected and influenced towards
negative things. General, it brings negative factors and includes some rights and obligations from
others. Overall, Omission is a neglect of duty on every person to take adequate action to prevent
a foreseeable injury.
In the context of criminal law, omission may arise due to lawsuits and will constitute a
guilty if a person avoids their duty and neglect his duty (Chalmers and 2014). Omission defines
some highlighted some duties and person under which they covered into some duties that must
be followed by person otherwise he may criminally liable for that.
1. Where a Duty arising from a statue
This act defines the offer that covered by under s. 19 of Terrorism Act 2000 under which
person is fully concealed or refuses to give information on noticing a person of some suspicious
activities involved in his dealing. As per the present case, under which David avoids their duty
because that time they were going to late for his home. Besides as per the law of omission laws
and regulations, person is liable towards its duty whether they are on duty or not. Court must
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charge with the offense of misconduct for the negligence to perform his duties to maintain the
peace.
2. When a Person is bound by a contract
Under this situation where person bound with the contract with others. It is the kind of
obligatory and statutory duty as per the court or law conditions (Curtis, 2017). As according to
the present case where Edward has been covered under the contract that he is liable to shut the
barriers of railway crossing. His liability is that to look after railway crossing, One day Edward
was busy in watching Games of thrones and doesn't close the gates and in all sudden situations.
There was a one bus who hit by train. Due to which Charley has died in that situation. On the
basis of this case, Edward was prosecuted for gross negligence manslaughter.
3. Where a Duty arises from relation
According to law scenario, every person has liable to follow their duties under a contract
with others. In terms of relation, there are two types of people relation one is by blood and
second is by subsequent relations. In terms of parents, they liable to taking care of his children,
this is the duty of morality or by law as well. In present case where three cousins named Brain,
Alan and Charley belongs to same family (Dressler, 2015). Overall, Brain and Charley were
liable to take care of Alan. But due to fear they run away from the situation. Under which they
both are should punishable under the circumstances.
4. Reliance or Voluntary Responsibility
Under this situation where both parties are taken paid services from other party is called
contractual duty. For an example, a couple took one person for taking care of its overall; it brings
better opportunity and growth according to nature or growth (Findlay, Odgers and Yeo, 2015).
Under this obligation, if the voluntary person fails to perform its duty then they come under the
criminal law. Besides, it gives more reliable and impact full factor.
5. Duty arise from commission of a fault
This is the situation were person forgot to perform certain task and get into the trouble.
This is the overall scenario that helps to protect the best possible task making performance. Just
like with the case of Miller (Herring, 2014). In which they forgot to unlit his cigarette before
going to sleep and when they got know they realize that mattress was on fire. Besides, miller was
charges for criminal liability.
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On the basis of above some situations due to which person get into the trouble or liable
for omission. The UK law has covered some different laws and duties that must be abided by
different parties. it has been concludes that person should liable to taking care of following task
due to which one can affect or get hurt. Overall, there are given some duties and liabilities of
Brain, Edward and David.
Duty is a kind of obligation to act under which failure to act, results in criminal liability.
Besides, duties has arise according to statue or act of situation. Overall, it brings better
opportunity and growth (Kadish, Schulhofer and Barkow, 2016). Apart from that, it also brings
better opportunity and growth. Overall, it brings better changes and create better environment in
the economy. Overall, it brings, there are many duties that should be abide by the parties such as
Reasonable care, it is the legal basis of common law representing an objectives standards.
There are given some liabilities of Brain, David and Edward under omission of law. Apart from
that, it will also cover the best approachable target goals and better opportunity and growth.
Besides, it brings new opportunity and growth in order to influence better objective and growth.
Crime has been committed by omission, it includes three main elements in criminal of
omission. That is duty of care, under which all factors are includes that has been relates to breach
of duty (LaFave, 2017). Overall, below are the types of common law duty which could result in
liability by omission.
Duties of Brain
Special Relationship : This category is related to the special relationship, however this
duty is not particularly static with family members. This duty is applicable to all kinds of case
that will be taking care of another. This is the duty that has been based or according to nature of
situation. Besides, it brings better opportunity and growth. According to situation and present
situation it will cover the better opportunity and growth. Like it was the duty of Charley and
Brain was responsible according to nature of growth and gives better quality management.
Overall, it brings new opportunity and growth (Norrie, 2014). Besides, it also helps to get the
better environment and safety.
Duty Requirement : Early authorities recognized of setting precise limits on criminal
liability for failures. Besides, it has been also clear that it brings new changes and growth that
will provides better opportunity to secure the uncertain events and certainties. Under which no
one can refuse to ignore any of the life and keep them safe and secure. It is the
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Liability of David
Duty of off-duty policeman in some instances, according to case under which David is
the person who is the person who sees everything happened with Alan but due to his was getting
late to go home (Ormerod and et.al., 2015). They ignore everything and run away. While his was
the policeman and that time he was the off-duty policeman. He supposed to liable to measure
what the reason and should liable to investigate the case. It was the legal duties and obligatory
certain situation.
Crime by Police officers
Criminal law generally treats police officers in such a way if they fail to perform his own
duty and liabilities against society or any kind of protection (Stephen, 2014). Moreover, under
the current case where David fails to perform his duty and run away from the situation. Besides,
he supposed to investigate all case were happened and find-out the culprit. Besides, if any of the
police man avoids his duties. Then according to criminal law his liable to get strict punishment
under the criminal law.
On the basis of above section and overall duties of the liable persons has described the
situation. It explained the duty of third party which arisen in under some specific consideration.
Third party has arisen some specific consideration and duty under some specific situation apart
from that, it will also explain the necessary changes and better opportunity and growth
(Schmalleger, 2017). Overall, on the basis of given duties under omission. Third party should
abide all liabilities and duties that approach duties of obligations. Moreover, it also gives better
approachable task making performance. Overall, it brings new opportunity and growth and will
take better opportunity and better opportunity in order to open up the new better things. Apart
from that, overall it makes better environmental growth and nature and making good person level
of perception. Overall, it brings new better effective and environmental growth. Apart from that,
it will also make the better opportunity and gives new better knowledge (Shaw, 2015).
CONCLUSION
From the basis of above section it can be concluded that, it is the overall, scenario and
task oriented performance in order to meet the needs of suspect. Apart from that, overall study
has been based on criminal law that is been based on long lasting performance. Besides, study
has described the case of Alan, Brain and Charley (Simester Sand et.al., 2016). Overall, it brings
out the different aspects of criminal law and gives better opportunity and growth. It gives better
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affecting and gives better opportunity and growth. In order to collect the justice. Besides, it also
gives the better opportunity and helps to take the better opportunity and growth.
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REFERENCES
Books and Journals
Card, R., Cross, R. and Jones, P. A., 2014. Card, Cross and Jones criminal law. Oxford
University Press, USA.
Chalmers, R. and 2014. Corbett, S 23 COSLA see Convention of Scottish Local Authorities
Criminal law 33–8 Criminal Law (Sexual Offences) Act. Disability, Spaces and Places of
Policy Exclusion. 26. p.178.
Curtis, M., 2017. Mass atrocity, collective memory, and the law. Routledge.
Dressler, J., 2015. Black Letter Outline on Criminal Law. West Academic.
Findlay, M., Odgers, S. and Yeo, S . M. H., 2015. Australian criminal justice. Oxford University
Press.
Herring, J., 2014. Criminal law: text, cases, and materials. Oxford University Press, USA.
Kadish, S. H., Schulhofer, S. J. and Barkow, R. E., 2016. Criminal law and its processes: cases
and materials. Wolters Kluwer Law & Business.
LaFave, W. R., 2017. Modern Criminal Law: cases, comments and questions. West Academic
Publishing.
Norrie, A., 2014. Crime, reason and history: A critical introduction to criminal law. Cambridge
University Press.
Ormerod, D. C., and et.al., 2015. Smith and Hogan's criminal law. Oxford University Press,
USA.
Pound, R., 2018. Criminal justice in America. Routledge.
Schmalleger, F., 2017. Criminal justice. Pearson.
Shaw, E., 2015. Automatism and Mental Disorder in Scots Criminal Law. Edinburgh Law
Review. 19(2). pp.210-233.
Shaw, M. N., 2017. International law.
Simester, A. P. Sand et.al., 2016. Simester and Sullivan's criminal law: theory and doctrine.
Bloomsbury Publishing.
Stephen, J. F., 2014. Selected Writings of James Fitzjames Stephen: A General View of the
Criminal Law. Oxford University Press, USA.
Stephen, J. F., 2014. A history of the criminal law of England(Vol. 2). Cambridge University
Press.
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Werle, G. and Jessberger, F., 2014. Principles of international criminal law. OUP Oxford.
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