Pestinakases

Pestinakases

Melissa Reynolds
H-1

Commonwealth v. Pestinakases
617 A.2d 1339 (1992,Pa.Sup.)

Facts: November 15, 1984, police and paramedic personnel were called to where Mr. Kly resided. Upon arriving they were greeted by the Pestinakases, who presented to them the emaciated deceased body of Mr. Kly. The Pestinakases informed the police that they took care of Mr.Kly for $300.00 per month. Are the Pestinakases responsible for the demise of Mr. Kly?
Issue(s): Whether or not the Pestinakases had a valid contract with Mr. Kly and whether or not they failed to perform under said contract which is consistent with section 301. of the Crimes Code.   Whether or not failure to perform a duty imposed by contract may be the basis for a charge of criminal homicide if such failure causes the death of another person and all other elements of the offense are present.
Rule: The applicable law appears at 18 Pa.C.S β 301 (a) and (b):
  (a) General Rule. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
  (b) Omission as basis of liability. Liability for the commission of an offense may not be based on a omission unaccompanied by action unless:  
  (1) The omission is expressly made sufficient by the law defining the offense; or
  (2) A duty to perform the omitted act is otherwise imposed by law.

Analysis:

Conclusion: