Читать книгу Criminal Law - Mark Thomas - Страница 73

For some crimes, the actus reus may not be an act but, rather, a failure to act in circumstances where there is a duty to do so. JF Stephen, in his Digest of the Criminal Law, 3rd edn (Clowes and Sons, 1887), explained that generally there is no ‘Good Samaritan law’ as an omission will not usually result in criminal liability. JF Stephen gives the following famous example:

A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned, and B is drowned. A has committed no offence.

In this case, although A may have failed to save B, he did no positive act to cause B’s death. In general, therefore, there can ordinarily be no liability for a failure (or omission) to act unless the law specifically imposes such a duty upon a particular person.