Fault Flashcards
Fault in Criminal Law
An act must accompany a fault to equal a crime, if it doesn’t then it is an accident.
Strict liability and absolute liability do not need fault.
Sweet v Parsley.
When can fault be removed/reduced?
When a defence is plead successfully.
Strict liability being avoided: Sweet v Parsley
Teacher allowed students in house, they smoked cannabis and she was unaware.
Charged with offence of being concerned with management of premises which was used for cannabis contrary to s.5(6) Dangerous Drugs Act 1965.
Held: HoL looked at common law before the statute was made, it required knowledge of activities to impose liability. Common law was applied and mens rea was required.
Why is fault necessary in criminal Law?
To justify sentencing, otherwise it would be unfair.
