R v Dytham

A police officer who deliberately failed to intervene to stop a fatal attack was guilty of misconduct in a public office.

Citation
[1979] QB 722
Court
Court of Appeal (Criminal Division)
Year
1979
Subject
Criminal Law
Topic
Actus reus and omissions

Facts

Mr Dytham, a uniformed police officer, was on duty about 30 yards from a nightclub when a man was thrown out of the club and beaten and kicked to death by a bouncer. Mr Dytham did nothing to intervene or to summon help, and left the scene, saying that he was going off duty. He was charged with misconduct of an officer of justice.

Legal principle

The Court of Appeal upheld his conviction. The common law offence of misconduct in a public office is committed where a public officer wilfully neglects to perform a duty that he is bound to perform by common law or statute. Mr Dytham was under a duty as a police officer to preserve the peace and protect the victim, and his deliberate failure to act, without reasonable excuse, was a serious breach of that duty.

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