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Is this judgement proper?!

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    Is this judgement proper?!

    2017-01-26 Ex-grammar school pupil, 21, is jailed for manslaughter after he did nothing to help a 17-year-old girl he watched drown in the sea

    Morally maybe it is. But in English common law no one is legally obliged to attempt a rescue of another, even someone drowing. Otherwise where would it end?

    Duty to Rescue

    In the common law of most anglosphere countries, there is no general duty to come to the rescue of another.[1] Generally, a person cannot be held liable for doing nothing while another person is in peril.[2][3] However, such a duty may arise in two situations:

    :::
    Hopefully the UK leaving the EU will put an end to this drip-drip pollution of our law by alien continental European legal principles!
    Work in the public sector? Read the IR35 FAQ here

    #2
    My BIL is an ex-Fireman and told me that if the Chief deems the operation to be unsafe then none goes in, even if it means certain fatalities.

    Comment


      #3
      From Wikipedia article "Omissions in English criminal law :

      "A number of people who stand round a shallow pool in which a child is drowning, and let it drown without taking the trouble to ascertain the depth of the water, are no doubt shameful cowards, but they can hardly be said to have killed the child."

      The general approach taken to omissions, as outlined by James Fitzjames Stephen, History of Criminal Law (1883), Vol 111, p. 10
      Work in the public sector? Read the IR35 FAQ here

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        #4
        You don't put yourself in a position of danger, but you can throw a lifebelt, call the police, shout for help.

        What you can't do is stand there and watch someone drown before going back to the club and attempting to chat the next poor girl up.
        "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
        - Voltaire/Benjamin Franklin/Anne Frank...

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          #5
          The article paints a far less clear picture than the headline (as usual). He actually admits/claims that he cannot remember how she entered the water. <insert speculation here>
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

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            #6
            I saw an English tourist fall into the sea where I live once.

            I immediately contacted the Police and Coastguard, but they never came.

            Complete waste of a stamp, that was.
            When freedom comes along, don't PISH in the water supply.....

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              #7
              Originally posted by cojak View Post
              What you can't do is stand there and watch someone drown before going back to the club and attempting to chat the next poor girl up.
              Morally you can't obviously, but legally you can (subject to caveats listed in those Wikipedia articles).

              That's the point I was making.
              Work in the public sector? Read the IR35 FAQ here

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                #8
                Originally posted by OwlHoot View Post
                Morally you can't obviously, but legally you can (subject to caveats listed in those Wikipedia articles).

                That's the point I was making.
                If the criminal law has been applied incorrectly, then I'm sure that he'll be acquitted on appeal, but I suspect that criminal law on this matter has more updates than the 19th century points you posted.
                "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                - Voltaire/Benjamin Franklin/Anne Frank...

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                  #9
                  Originally posted by cojak View Post
                  If the criminal law has been applied incorrectly, then I'm sure that he'll be aquitted on appeal, but I suspect that criminal on this matter has more updates that the 19th century points you posted.
                  He actually pleaded guilty to manslaughter, hence my add speculation tongue-in-cheek bit. It's clearly an allegedly potential scenario that he knows exactly how she entered the water.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment


                    #10
                    https://en.wikipedia.org/wiki/Good_S...United_Kingdom

                    In the common law of England and Wales there is no criminal liability for failing to act in the event of another person being in danger; however, there are exceptions to this rule. In instances where there has been an assumption of responsibility by the bystander, a dangerous situation was created by them,

                    The fact that he pleaded guilty is not that relevant to whether the law applies. There still has to be a legal basis for prosecution, which could well be the bit I've highlighted above. They were pissing about on the harbour wall while drunk and high (a dangerous situation created by their own actions), she fell in - he should have called for help at the very least.
                    Down with racism. Long live miscegenation!

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