fault in criminal law Flashcards
What is an act without Fault considered to be?
An accident, therefore fault must accompany an act to be a crime
What are the 2 types of offences that do not require fault
Strict liability offences
Absolute liability offences
What is the purpose of strict and absolute liability offences, give examples
to regulate society and protect the vulnerable.
- Parking offences
- Sexual intercourse with a child under 13
Why are laws governing these offences strictly monitored
to ensure people are not unjustly found guilty of offence they had no control over
Case example outlining Fault
Sweet v Parsley (1970)
Sweet v Parsley (1970)
Facts
Landlady had tenants to smoked weed in her farmhouse they rented out.
- charged under 1965 Act ‘of having been concerned in the management of premises used for smoking cannabis’
- she had no knowledge of the offence
Sweet v Parsley (1970)
Held
Deemed ‘liable without fault’ until house of lords quashed decision.
- knowledge of use of premises was essential for the offence
What do the different levels of fault in crime reflect
how serious the crime is viewed, in contrast with the outcome
Give an example of different levels of fault in crime that reflect the outcome
someone who intends to murder, is charged with murder.
someone who is negligent is charged with gross negligent manslaughter
Give an example of how sentencing can also reflect of defendant
Murder carries mandatory life sentencing
Gross negligent manslaughter carries maximum life sentencing
What is the only way to remove fault
Successfully pleading a defence
What is the importance of fault in criminal law
It’s necessary to justify sentencing
Would be unjust to penalise someone when the outcome is not their fault
Why is it important for the criminal system to have some regulatory offences without fault
Courts would be filled with motorists bring prosecuted for speeding or parking in double yellow lines
- UK’s system for strict liability offences deals with these by post.
