''R v Dytham''
979
Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...
QB 722 is an
English criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
case dealing with liability for omissions. The court upheld the common law mantra that if there is a duty to act, then failure to do so is an offence.
A police officer from St. Helens, witnessed the death of a nightclubber outside Cindy's nightclub but took no action to help because, had he reported it then Dytham would have had to stay beyond the end of his shift. The defendant was convicted of the common law offence of
misconduct in a public office.
The court rejected the defendant's contention that this offence required
malfeasance
Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute.
The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up t ...
, or at least
misfeasance
Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute.
The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up ...
, and did not extend to
non-feasance.
The court held that as a police officer, he had a duty of care to all of society, unlike civilians, in which case, there is no duty to put oneself at harm.
References
D
1979 in United Kingdom case law
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