Читать книгу Criminal Law - Mark Thomas - Страница 95

There may of course be circumstances where more than one duty to act arises in a given case. It will be necessary, therefore, to consider each duty to act and analyse which duty would be the strongest to take forward when considered in light of the three requirements for omission liability. It may be the case that one duty stands out, or that a combination of duties can work together to establish liability. Take the case of Evans as an example. The number of duties that arose in that case were quite substantial:

• duty based on a special relationship (half-sisters);

•duty based on the assumption of responsibility and care (the defendant looked after the victim); and

•duty based on the creation of a dangerous situation (Evans contributed to a dangerous situation by supplying the drugs and failed to avert it).