Verified Law Enforcement and SAR (UK)
- Aug 29, 2019
- Reaction score
This is a very good point. Murder by omission, though, is an exceptionally rare thing to prove, as far as I'm aware. Also, it doesn't apply to most people as the defendant has to have a special relationship of care/guardianship over the victim. I'm sure that a nurse would meet that criteria but I don't know how specific it would need to be. I mean, would it only apply if the victim in question was the specific responsibility of the defendant such as being specifically recorded as being under their care?
Regarding matters of omission......it gets complicated! There is plenty of case law in respect of the legal interpretation of what omission is and what it is not!
My understanding is that for a criminal liability there would need to be an omission when one of the following obligations upon the defendant was present:
1. Statutory duty
2. Contractual duty
3. Duty imposed by law
As we have no idea of the evidence or the defence to the charges, going down this particular rabbit hole is probably best parked, unless it becomes relevant.....if only to preserve my old grey matter