Fault

Question 1

Define

Answer 1

Like many areas of law fault is difficult to define; a dictionary definition of fault suggests blameworthiness. However perhaps the best explanation lies with the idea that a person should be held responsible for their wrongdoings.

Question 2

Area reflecting fault strongly

Answer 2

Mens rea.
Severity of crimes are reflected in MR.
Most serious is direct intention (R v Mohan)
Equally as blame worthy is indirect (R v Nedrick)
Lower level of fault is shown by recklessness (R v Cunningham) reflects blameworthiness as the outcome is subjective - did not knowingly take an unjustified risk

Question 3

Inconsistent application of fault

Answer 3

s47 Criminal Justice and s20 OAPA MR is inconsistent with the AR
s47 - guilty of ABH if only intention to assault or batter (R v Savage)
Reform with clause 3 - intentionally or recklessly causing injury to another - proposed change shows legal system attempting to show fault in criminal cases