Mudcat Café message #2298976 The Mudcat Café TM
Thread #109821   Message #2298976
Posted By: Richard Bridge
27-Mar-08 - 03:45 PM
Thread Name: BS: Religious freedom, or murder?
Subject: RE: BS: Religious freedom, or murder?
Another lawyer friend has promised me some notes, building the proposition that in crime as in tort, there may be an "activity duty" where one has or adopts a duty of care, so that the withdrawal of that care or failure to provide it may be part of the actus reus of a crime, and therefore the intention not to provide may also be that relevant part of the mens rea.   Best case maybe about a tramp called Murphy who burned a building down by going to sleep smoking.

Then one would merely need to show that the intention not to provide was reckless (as to whether the consequence would be death) - I apparently need to re-read a case called "Woolley".

Said barrister is however a proselytising atheist so may be building a case here!