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JCT5
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#1
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Hi, I am stuck on this criminal law question-

what does it mean by “positive actions”????? thank you people for any help, very much appreciated
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Mr. Orange
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Er well seeing as the actual question tells you to "Discuss, reflecting on the position of English law on criminal liability for omissions." i would hazard a guess that omissions should be the area of law that you look at.
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Festina lente
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"Positive action" is along the lines of actively doing something. Basically it's the difference between A shoving B underwater and holding B down until he dies, and A seeing that B has fallen face-down into a pond in a drunken stupor and walking by without taking any action. Iirc, one of the arguments is that we can't draw a definite, coherent distinction between the two. Don't ask me for detail though, it's a long time since I did crim.
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Lell
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(Original post by JCT5)
i dont understand what you mean by positive action

Are you at uni? Jesus christ.

Positive action=taking action i.e. as above-pushing someone into a pool, kicking someone, running them over


Omission=not acting i.e. walking by when you see someone drowning/in the road after being run over
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markrush
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#5
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Agree with Lell, if you are at uni that's worrying? This is more about philosophical theories than substantive law. Examine areas where the mens rea requires intent and then compare to situations where it is not required either through reckless actions or no concious action/inaction

(Original post by Lell)
Are you at uni? Jesus christ.

Positive action=taking action i.e. as above-pushing someone into a pool, kicking someone, running them over


Omission=not acting i.e. walking by when you see someone drowning/in the road after being run over
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markrush
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(Original post by JCT5)
thank you for your response but does positive action not mean failing to act when you were supposed to e.g lifeguard fails to help people when it was his duty to stop people drowning.

also why is it called positive action in the case of your example when someone does a bad deed e.g. running someone over. thank you very much
No, positive act means actually doing something rather than a failure to act. Look up the case of the police officer that failed to help a man being beaten to death by multiple people for an example of a non positive act in a public office
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Festina lente
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(Original post by JCT5)
thank you for your response but does positive action not mean failing to act when you were supposed to e.g lifeguard fails to help people when it was his duty to stop people drowning.
I think that's an example of a case where you could say it was ambiguous. Strictly speaking it's an omission to act but you could say that his failure to act meant that he was carrying out his duties badly.

(Original post by JCT5)
also why is it called positive action in the case of your example when someone does a bad deed e.g. running someone over. thank you very much
Ohhh I see where your confusion has happened! This isn't "positive" as in "positive or negative", it means someone is actually taking action, rather than doing nothing.
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Lell
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(Original post by JCT5)
thank you for your response but does positive action not mean failing to act when you were supposed to e.g lifeguard fails to help people when it was his duty to stop people drowning.

also why is it called positive action in the case of your example when someone does a bad deed e.g. running someone over. thank you very much
Oh dear. I really hope your parents didn't pay for your schooling.
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looolll
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#9
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you people are rudeeee loolll, everyone struggles at times no need to take the piss
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