Consider what offences, if any, have been committed.

... (5) Clarence, who keeps Dash, an Alsatian dog, as a pet, has frequently been irritated by the rude behaviour of Ellen, the six-year old daughter of his neighbours, who make little attempt to control her. One morning he sees her teasing Dash, but does nothing. After some while he sees Dash turn on Ellen and attack her, but he still does nothing, because he thinks the child must be taught a lesson. Dash seriously injures Ellen before Frank, her father, is able to rescue her. Consider what offences, if any, have been committed. This is a case of omissions liability, and omissions do not generally attract liability, unless there is some duty between the defendant and victim, which can arise, through statutory, contractual, or voluntary obligations. Whilst none of these apply here, another category of duty can arise through the victim's creation of a dangerous situation (Miller). Clearly this is satisfied here

want to read more? →