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In most cases, the common law has been hostile towards the idea of penalising a failure to act. As Smith and Hogan said “It seems to have been thought that the function of the criminal law was to prevent men from doing positive harm and it was left to public opinion, morality and religion to encourage the doing of good works”
Omissions have been made criminal in some cases by way of statutes. An example of this is found in s.72(2) Road Traffic Act 1961. The section makes it an offence not to report a road traffic accident to the Gardai within twenty four hours of the incident. There is a long list of similar offences such as driving without third party insurance or not displaying ingredients on food packaging, but it is pointed out that there is usually a positive action to accompany the omission in the case of statutes making an omission an offence...
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