Fault

Question 1

What is fault defined as?

Answer 1

The level of moral culpability of the defendant and is the basis of criminal liability

Question 2

How is the importance of fault reflected in law?

Answer 2

The more at fault a person is, the more serious their offence is and therefore they face a harsher penalty

Question 3

What is fault closely linked to and why?

Answer 3

The mens rea because it is determines the intent and the severity of the offence

Question 4

What are the three types of mens rea?

Answer 4

Direct intent, recklessness and negligence

Question 5

Give an example of how the impact of differences in mens rea is shown

Answer 5

s20 only requires recklessness as to some harm and has a maximum sentence of 5 years whereas s18 requires intent to cause serious harm and has a maximum life sentence, despite having the same actus reus

Question 6

How is fault not the basis of criminal law?

Answer 6

Around half of all criminal offences are strict liability, which have no mens rea and are generally considered to be ‘faultless’

Question 7

How is the actus reus also built on fault?

Answer 7

It must be a voluntary action

Question 8

Give an example of a case with an involuntary actus reus

Answer 8

Hill v Baxter

Question 9

How is fault dealt with in tort law?

Answer 9

Damages are set based on the level of fault and can be lessened, for example for contributory negligence - e.g. Stinton v Stinton