Fault Flashcards
What is the principle of maximum certainty?
The criminal law should be enacted with clarity so that people are certain as to what they can and cannot do
What is the principle of fair labelling?
The definition of an offence should match its name and the label should only be attributed to an individual who has committed the offence
Why is factual causation not enough alone to establish mens rea?
It “throws the net of potential liability too wide”
What is the principle of personal responsibility?
It deems that a person is responsible for their own actions and nobody else’s. It underpins causation
How is negligence viewed in terms of fault?
Negligence is a description of an action rather than a state of mind, however, it could be seen that D failed to think about the consequence
What is the principle of no retrospective liability?
Criminal law cannot be retrospective and cannot operate backwards
