Critically evaluate Ashworth’s proposal
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Critically evaluate Ashworth’s proposal
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Critically evaluate Ashworth’s proposal with reference to case law,
academic commentary and theory. “The general principle in criminal law should be that omissions
liability should be possible if a duty is established, because in those
circumstances there is no fundamental moral distinction between failing
to perform an act with foreseen bad consequences and performing the act
with identical foreseen bad consequences. The principle should be used
to impose omissions liability for any offence irrespective of the
wording used in creating the offence, provided that the required mental
element is present and that there is no inconsistency with the purpose
of the offence or with the principle of fair warning.” Andrew Ashworth,
‘The scope of criminal liability for omissions’ (1989) 105 LQR 424, at 458
Critically evaluate Ashworth’s proposal
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