Law and Fault

Question 1

What is fault in criminal law?

Answer 1

• In criminal law, there is a general presumption of liability based on fault
• This is the allocation of blameworthiness
• A person cannot be held criminally liable if they are not blameworthy which underpins the concept of mens rea
• The AR must be voluntary

Question 2

When can fault occur?

Answer 2

• When the AR is voluntary
• When the defendant omits or fails to do something which is their duty

Question 3

What is causation in fault of criminal law?

Answer 3

• Causation is a basic component of law as it shows when people are liable for an offence

Question 4

What is causation in civil law?

Answer 4

• The equivalent to criminal law fault is factual causation shown in Barnett v Kensington and Chelsea Hospital

Question 5

What is a strict liability case?

Answer 5

• Crimes when there is no intention to commit a crime but the behaviour is criminal
• Strict liability is not considered criminal however does have AR for fault
• This is important as society still views issues as important

Question 6

What does defences show for fault?

Answer 6

• The availability of defences allows for cases where there is AR and MR but no fault
• This can be seen in examples such as self-defence and insanity
• Partial defences for murder allow crimes to appear less blameworthy meaning a lower level of fault
• Society puts pressure on law to reflect this
• This can be seen in R v Ahluwalia = A domestic violence case

Question 7

What is stated in the Criminal Justice Act 2003?

Answer 7

• In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm the offence caused, was intended to cause or might have foreseeably caused

Question 8

What is sentencing council guidelines?

Answer 8

• There are offences where liability is strict and no culpability need to be proved for a conviction, but the degree of culpability is still important when deciding sentencing. The extent of recklessness, knowledge or negligence are involved will vary
• This is seen in R v Clarke (A historical sexual offence which must be measured of culpability and harm caused

Question 9

What is fault when considering negligence?

Answer 9

• Negligence is a civil law matter but it can be used in a criminal offence when it is so negligent, it is grossly negligent and therefore a criminal offence.
• This is seen in R v Adomako

Question 10

What is fault in civil law?

Answer 10

• Liability is only imposed when a party is at fault
• The award of damages is intended to restore them to themselves prior
• The defendants fault is linked to the extent of harm that has been caused
• When a defendant contributes to their own negligence, the fault is split

Question 11

What are examples of fault in civil law?

Answer 11

1. Vicarious liability which occurs without fault
2. CRA2015 which contains a fairness test of unfair terms. The balance is made without fault