Fault and harm criminal

Question 1

Define fault

Answer 1

Level of wrongdoing or blameworthiness for the act which caused the prohibited consequence

Question 2

Significance of fault

Answer 2

Fault is significant as it shows who is to blame

Question 3

What is required for fault

Answer 3

Generally both an AR and MR need to be present at the same time e.g. murder

Question 4

Example of fault in criminal

Answer 4

If fault is established somebody could be punished in terms of murder, with a mandatory life sentence

Question 5

Issue with fault in criminal

Answer 5

Issues lie where someone may be deemed at fault with no requisite mens rea e.g. strict liability crimes like speeding

Question 6

Specific murder issue

Answer 6

In regards to a murder conviction it only requires intent to GBH so can lead to someone being labelled as a murderer with no intent to kill

Question 7

To establish fault

Answer 7

In order to establish fault in criminal law there must be a fair trial as it will establish the level of culpability a person has

Question 8

Criminal case example

Answer 8

Tony Martin case where a fair trial established his level of fault through distinction of reasonableness of force in self defence. It found that his force was unreasonable so was guilty

Question 9

Fault in civil law

Answer 9

Fault can be seen in civil law and more specifically negligence and the notion of the neighbour principle which makes one liable and at fault for a breach of negligence where their acts or omissions will directly and foreseeably affect their neighbour.

Question 10

Overall positive of fault

Answer 10

Overall fault is the backbone to the criminal legal system as it determines the level of punishment

Question 11

Overall issue

Answer 11

However a big issue is that it can be applied wrong in some cases causing incorrect sentencing