Читать книгу Criminal Law - Mark Thomas - Страница 66

It is first necessary to distinguish between voluntary conduct and positive acts. It is common for many textbooks to place positive acts in the same category as voluntary conduct. To do so, however, is inaccurate. An act may be voluntary without it being a positive act. For example, Jack may voluntarily decide to starve Jill. One may argue that this would amount to a positive act as Jack has voluntarily and intentionally withheld food from Jill. On the other hand, one may argue that this is a failure to act (an omission), as Jack has not given Jill food when he may be under a specific duty to do so. This distinction is drawn upon at 2.4.2.1, and it is important that you bear this distinction in mind as you read the next few sections of this chapter.