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R v Dytham [1979] QB 722

The defendant was a police officer. He stood by whilst a bouncer kicked a man to death. He was charged with the offence of misconduct in a public officer. He argued that the offence could not be committed by an omission as it specifically requires misconduct.

Held:

The offence of misconduct in a public offence can be committed by an omission. The defendant's conviction was upheld.
 
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