CRIMINAL OMISSIONS (LEGA DUTY vs MORAL DUTY)

once there is a legal duty to act, failure to act becomes an offence. This statement underlines the concept of criminal omissions.

The law does not only punish a person for doing what he is not supposed to do, the punitive hands of the law is also upon that man who knows what he is supposed to do and does it not.

However, a thick line is drawn between what morality dictates and what the law dictates. For instance, morality dictates that if I see a person drowning, that I should dive in to save his life where it would be reasonable to do so; but if I rather choose to cross my leg and enjoy the scenery, and watch the person drown, gasping for breadth making desperate plea for help, and I do nothing, my conscience condemns me but the law does not.

WHEN THEN WILL THE LAW CONDEMN ME?

When my duty surpecedes a mere moral obligation, the law condemns me; when the duty is a legal duty.

Taking the scenario above, if my job is to save people from drowning (a lifegaurd), suppose it happens in a pool where I am employed, then the law condemns me, as the duty is now a legal one. see R v. Dytham (1979) QB 722

This legal duty may be imposed by statute, by contract or implied by court.

For instance, The Children and Young Persons Act 1993  imposes a legal duty on parents or anyone standing in loco parentis to feed and provide medical care for their ward, and makes neglecting a child an offence. There is also a legal duty to take care on aged members of the family, once a relationship of reliance is established. R v. Stone and Dobinson (1977).

Also, the Road Traffic Act imposes on motorist the duty of reporting road accidents to the police.

Legal duty could be imposed by contract- see R v. Pithwood (1902) and R v. Benge (1865).

In all cases where there is a legal duty, there would only be liability for failure to act if it is reasonable to act in the circumstance. That is, the law will not impose on a man the duty to save another at his own peril.

QUESTION: A is sick with typhoid. His father, a pastor of Grace Revival Ministries refuses to take him to the hospital, stating that he had been administered holy water and should get well. A's condition worsens and his father still remain adamant despite the plea of his wife that A should be taken to the hospital for proper treatment. 3 days later, A dies of Typhoid, could a charge of murder be sutained against A's father?