The Issue Of Criminal Liability

1680 WordsAug 26, 20157 Pages
SCENARIO ANALYSIS: A close study at the facts given raises issues of criminal liability. It furthermore suggests that there are issues on causation, omission, gross negligent manslaughter and a list of possible liabilities in criminal law. However, this can only be answered by looking at relevant case law, statute and a list of other academic commentaries. DRIVE: Drive by colliding with Walk a pedestrian has committed an offence by occasioning bodily harm. By creating a dangerous situation, Drive has assumed a duty to act positively. In R V Miller, Lord Diplock stated that 'people who create a dangerous situation are under a duty to act to put a stop to that danger when they became aware of it ' . This principle was applied in R V Evans . By so doing, Drive was under a duty to call for medical attention regarding Walk 's situation which he had created. First, he might be guilty of an offence for occasioning actual bodily harm under the offences against the person 's Act. Another issue for determination is whether the death in question was caused by the action of Drive. The basic law on causation is divided into two aspects; causation in fact and causation in law. Drive can only be held responsible for the Death of Walk where his acts are both a factual and a legal cause of the victim 's death. Causation in fact is determined by asking the question, 'BUT FOR ' the conduct of the accused, will the victim had died as and when he or she did? Factual causation is thereby

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