Criminal Law. Analyse the circumstances where liability for omissions Essay

Criminal Law. Analyse the circumstances where liability for omissions may arise - Essay Example However, there are special cases where the law specifies that a person act in order to save a situation failure of which results in criminal liability. Proponents of this type of legislations argue that the law should not bind people to help others since such a situation restricts people’s independence. Example: Tom was driving to town on a rainy afternoon, after driving for more than thirty minutes his car began heating up and huge white smoke began billowing from the bonnet of his car. Luckily, for him, the car had broken down some few meters to a bridge. He therefore alighted from his car and took a five litre water bottle which he had never travelled without from the trunk of his car and followed a small footpath that lead to the stream to fetch some water which could help cool his engine. He got to the stream, filled his container with the cold water, and began the short walk to where he had parked his car. However, a few meters from the riverbank, Tom heard hysterical sc reams emanating from the river, he turned and drowning in the river was a little boy probably seven years old. He immediately dived into the river without considering his actions, unfortunately, Tom had never swam before in a flowing water and it is only until he got into the water that he realized that he had made a mistake. He managed to grab the boy but the strength from the water current the weight of the boy overpowered him and before long, they were both drowning. It thus became a survival of the fittest situation; the boy was still alive and therefore held on to Tom tightly without letting go. Tom was fast losing breadth and he therefore needed to act swiftly to save his life or else they would both drown. In a sharp turn, he pushed the boy away from and fortunately managed to hold onto a root a few meters off the riverbank. The push from Tom combined with the strength of the water waves to give the boy a powerful thrust into a rock. The boy knocked his head and bled to death instantly. Just then, a group of young divers who had been tracing the boy from upstream arrived and one of the saw Tom push the boy away from him. They later removed the body from the water but a legal tussle was just to begin. Analysis The liability of omission begins when one decides to help in a desperate situation and later acts carelessly thereby causing a loss. In such a situation, the victim takes responsibility for his careless action. The law had not compelled Tom to try and save the boy, he could have simply looked at the young boy drown and continued with his business. In such a situation, he is acquitted from any liability since the law does not impose acts of humanity on the population. Had he left, Tom could have continued with his journey to the town and could not have answered to either the group of divers or the police. Additionally, should he have made a formal police report, he could have only been considered as responsible citizen and might therefore have appea red in the court only as a witness and helped the police with investigations to the best of his account of the event. The law does not command compulsory aid unless in special situations. By jumping into the water in an attempt to save the boy, Tom takes full responsibility of the boy and his subsequent acts of carelessness eventually result in the death of the boy. Immediately he jumps into the water, Tom