Opposing The Point Of Omission In Barney's Case

Once the act was committed by Fred, Barney was still alive. The fact that Fred hadn’t succeeded with his intent is the point of contention with charging him. The common reaction is that if Barney didn’t die, then why should Fred be charged with an crime he didn't commit. To the former, one should add the point of omission to better solidify the prospective criminal charge of second-degree murder. Omission in our literature means the failure to act. If Fred’s intent was not to kill Barney, then why didn’t Fred help Barney after he stabbed him. If Fred just wanted to harm him, he would have have realized that the injury sustained during the assault would actually kill Barney, and help him live. There is a duty to provide necessary life if you
are capable. The fact that they were alone onto of a mountain made Barney dependent on Fred for help. Under the criminal code section 229, Cooper had intact intended to cause bodily harm that he knows is like to cause death, regardless of severity of assault.