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criminal liability for this act

Local police officer Jake is in charge of clearing the scene of an accident. Unfortunately, he forgets to soak up an oil leak on the road. Steve, who is driving down the dual carriageway on his motorbike, slips, falls and breaks his leg.

I am wondering how Jake could be criminally liable for Steve's injurys and why.
Thanks
Reply 1
I have been struggling to find case law relevant to this situation, however, in terms of legislation, I have some ideas as to what it may be.

Firstly looking at OAPA 1861. I do not think it is under s.18 of the act as this requires the defendant to intend to cause the victim harm but under s.20 I think this charge may be more relevant as recklessness on the police officers' part to clean up the oil spill may come under 'maliciously'? And if so then I believe this may be an appropriate charge.

I have also been looking into criminal negligence as his fault lies in his failure to foresee that not cleaning the spill may cause harm to others, however, cannot find much more information than facts on Gross Negligence Manslaughter.

Any help would be appreciated
Many Thanks
Reply 2
I know that as a general rule, there is no criminal liability for failing to act, however, an exception is those with a contractual duty, which I assume a police officer has when tasked with cleaning up an oil spill.

It is the question of the liability for the injury itself that I am not confident in knowing.
Original post by wewoo69er
Local police officer Jake is in charge of clearing the scene of an accident. Unfortunately, he forgets to soak up an oil leak on the road. Steve, who is driving down the dual carriageway on his motorbike, slips, falls and breaks his leg.

I am wondering how Jake could be criminally liable for Steve's injurys and why.
Thanks


Without knowing exactly what sort of exam context, I would be leaning towards ordinary negligence (Caparo v Dickman). As in,
Jake owed duty of care as part of his job,
He breached it by not clearing up oil spill properly
There are no causation/ remoteness issues in relation to broken leg.

I mean, if not you could certainly consider s20. I know it is technically an omission, but he owes a duty because of his official position/ contractual duty so it can still be a criminal actus reus.
Reply 4
An offence under the Highways Act? Wilful obstruction? Can't see s20 OAPA myself.
I don't think there will be criminal liability. I think it might be the firefighter's duty? However, according to the wording 'Jake is in charge of cleaning the scene of an accident.', this suggested that he has the responsibility to make sure everything is perfectly done. It is obvious that an accident is foreseeable by not soaking up the oil.
You could try arguing misconduct in public office. In real life of course, he'd be promoted.

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