... care to act by the defendant. Tom and Harriet were friends, and Harriet knew Tom had a fear of heights and by suggesting he stand on the cliff there would be an element of risk in doing so, would this mean she was party to what was happening? If so this would without doubt mean a duty of care to act, would this also mean that there was a duty of care in this alone? And did the duty of care arise only when Harriet refused to pull Tom back? The defence will establish causation, where prove that the consequence might not have occurred had Harriet acted in performance with her duty, to act where the offence of commission is involved the prosecution must be able to prove the end result would not of occurred but for Harriet's actions. This also makes criminal liability more relentless in the case of those ...

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