Law And Fault 10 Mark Answer (law And Society) Flashcards
Fault is needed
To prove liability in most aspects of civil and criminal law
Fault means
Blameworthiness and is a normal requirement before a person can be found guilty and punished in criminal law or liable to provide a remedy in civil law
There are
Exceptions to the statement hiwever
In criminal law
Fault is reflected in four main areas
The AR
Which means the physical part of the crime needs to be carried out voluntarily, Hill v Baxter and for consequences crimes both factual and legal causation must be proved, R v Broughton
MR is a
Clear indicator of blameworthiness with direct intention being the most blameworthy as you intended the actions and wanted the consequence e.g. intended the action of pointing a gun at someone and you wanted them dead, R v Mohan
Indirect intention is
The next most blameworthy as you intended the actions but don’t necessarily desire the consequence, R v Woolin
Recklessness follows when
Knowingly take an unjustified risk, R v Cunningham and negligence is the least blameworthy when you merely fault to reach the standard of a reasonably competent person in that situation, R v Adomako
Defences can also
Lower the level of fault either partially or completely e.g. self defence renders D blameless in the eyes of the law as their actions are necessary and proportionate e.g. R v Gladstone Williams.
Diminished responsibility only
Partly absolves you, lowering your conviction from murder to manslaughter if you’re suffering from an abnormality of mental functioning, R v Clarence.
Duress can also
Absolve you if you fulfil quite stringent criteria but never Un the case of murder or attempted murder, R v However and Bannister
In the criminal sphere
Sentencing clearly reflects the level of fault of an individual D through aggravating and mitigating factors.
Aggravating mean
You’re more at fault and deserve a higher sentence e.g. whole life tariff imposed on Kyle Clifford (crossbow killer) whereas mitigating factors lower your sentence e.g. in the case of Venebales and Thompson
Strict liability offences are
The exception to the above in that they don’t require the MR only the AR which eliminates a large amount of blameworthiness e.g. the pharmacist in Storkwain v Pharmaceutical society genuinely didn’t know he was supplying drugs using a false prescription.
Strict liability offences exist mainly in areas of public health and safety
