puregirl21
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The question is ‘Imposing criminal liability for omissions is inconsistent with other interests that criminallaw should protect such as the principle of autonomy, the principle of legality and theharm principle.’
Evaluate the accuracy of this statement with reference to situations where afailure to act may result in criminal liability.

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rend82
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(Original post by puregirl21)
The question is ‘Imposing criminal liability for omissions is inconsistent with other interests that criminallaw should protect such as the principle of autonomy, the principle of legality and theharm principle.’
Evaluate the accuracy of this statement with reference to situations where afailure to act may result in criminal liability.

I am at a slump right now can I get help creating some points for this essay
sorry what is the principle of legality and the harm principle?

that aside hope this helps...
my first instinct is yes at face value of that statement however with direct reference to the law on omissions (which i would presume is the gist of the question) I would say no. Crucially it should be noted that the general rule for omissions is that it liability is not imposed for omissions, therefore in that sense you can see that the criminal law is striving/takes into account most obviously the principle of autonomy but also - maybe more subtly -other principle. These are, for instance, principles of proportionality (arguable not as serious to fail to do something as opposed to actively cause harm) and - linked to this - the idea of fair labelling

However of course liability for omissions can be imposed -I can think of Stone and Robinson and Evans off the top of my head where liability for omissions has been imposed on the basis that the defendant had assumed liability to the claimant. Argue that this is indeed necessary for the criminal law as ludicrous to neglect principles such as protection, deterrence - basically welfare!!

Could conclude that in reality a compromise is needed in order to best accommodate all the ideals of the criminal law, and omissions law does (at least) attempt to do that
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bonniebrooks1
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(Original post by puregirl21)
The question is ‘Imposing criminal liability for omissions is inconsistent with other interests that criminallaw should protect such as the principle of autonomy, the principle of legality and theharm principle.’
Evaluate the accuracy of this statement with reference to situations where afailure to act may result in criminal liability.

I am at a slump right now can I get help creating some points for this essay
I know this isn't relevant to the question, but does anyone have any good study resources for the Consent paper?
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Britishsunset
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im guessing you go to BPP, that was the coursework question lol.
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LLBPakistan
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From my interpretation of this question... the only thing I must add to what rend82 has added is that you should add what Glanville Williams and Andrew Ashworth have to say (Smith & Hogan Texts Cases and Materials has a good extract). They have good arguments on the matter of omissions and imposition of liability for omissions.
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