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The defence of consent

Omission

When does failing to act amount to a crime?

Giles Bayliss outlines the various situations in which we have a duty to act, and identifies the types of case where not doing so would constitute a crime

Ingram

This article is relevant for AQA AS Law 02: Criminal Law; OCR A2 Unit G153: Criminal Law and WJEC LA4: Criminal Law and Justice.

In 2007 Carly Townsend, a 16-year-old girl from South Wales, overdosed after taking heroin. Her mother, Andrea Townsend, and stepsister, Gemma Evans, with whom she lived, were both aware of her condition but instead of summoning an ambulance they merely put her in the recovery position and watched television in another part of the house. Carly was found dead the following morning. Andrea Townsend and Gemma Evans were convicted of gross negligence manslaughter and sentenced to 6 years in prison. Their liability was based on a failure to act, rather than on something they did that caused Carly’s death (R v Evans, 2009).

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The defence of consent

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