Guilty of doing …... nothing: should there be criminal liability for failure to rescue strangers in England and Wales?

Siddiqui, Usmaan (2019) Guilty of doing …... nothing: should there be criminal liability for failure to rescue strangers in England and Wales? PhD thesis, University of Nottingham.

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It is late at night and James has collapsed on the side of the road. James requires urgent attention. Harry comes across James and sees his plight, in agony, pleading for help. However, Harry is in a hurry to get home and walks on by. James dies a few minutes later.

In England and Wales, Harry has not committed any crime.

There has been much academic discussion about whether omissions like these should be criminalised in England and Wales and if - as in many continental jurisdictions - we should introduce a Good Samaritan law which would criminalise Harry for his apathy.

This thesis explores this problematic and intriguing question.

Firstly, we will carry out a philosophical inquiry into the metaphysics of omissions and the nature of our moral and legal duties. The first three chapters establish an in-principle case for criminalisation.

Secondly, a doctrinal analysis of omissions will follow which will scrutinise what the current legal position is in England and Wales regarding omissions.

It will become apparent that recent case law is moving incrementally towards the Good Samaritan law being established in England and Wales: should we ever be confronted with a situation in which a stranger is in a dire need of help, a duty to help may exist in the English criminal law.

This thesis argues that there are convincing reasons for introducing a Good Samaritan law. Utilising comparative analysis with selected jurisdictions, and drawing on their experiences, a model Good Samaritan law will be drafted, explained and justified.

Item Type: Thesis (University of Nottingham only) (PhD)
Supervisors: Roberts, Paul
Jackson, John
Keywords: law, england, wales, criminal liability, good samaritin
Subjects: K Law > KD England and Wales
Faculties/Schools: UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
Item ID: 56905
Depositing User: Siddiqui, Usmaan
Date Deposited: 09 Dec 2019 11:21
Last Modified: 23 Jul 2021 04:30

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