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While this may be a lacuna in the law, it should be respected.
R v Danger revealed a lacuna in the law.
This lacuna in the law will be filled if the draft Criminal Code is enacted (see below).
The purpose of this offence was to fill the lacuna in the law identified by the decision in R v Preddy and Slade, R v Dhillon.
This was to close a lacuna in the law, Identified by Lord Darling, which allowed for infants to be killed during birth, which would mean that the perpetrator could neither be prosecuted for abortion or murder.
If there is a lacuna in the law it is probably confined to combinations to do acts which amount to crimes but to no other wrong, but the exclusion of such cases from the tort of conspiracy may be a necessary consequence of Lonrho whatever the mental element required for the tort.
In the absence of a common law right to privacy in English law torts such as the equitable doctrine breach of confidence, torts linked to the intentional infliction of harm to the person and public law torts relating to the use of police powers have been used to fill a lacuna in the law.