LAW P1 CRIM Q9 (fault and harm)

Question 1

What is the first point for the fault and harm para?

Answer 1

(Fault and harm can be defined)

Fault can be defined as the level of wrongdoing or blameworthiness for the act which can get the prohibited consequence.

Question 2

What is the second point for the fault and harm para?

Answer 2

(The signifiance)

The significance of fault is that it shows who is to blame

Question 3

What is the third point for the fault and harm para?

Answer 3

(Both an actus reus and mens rea)

Both an actus reus and mens rea need to be present at the same time for fault to be established, such as in murder.

Question 4

What is the fourth point for the fault and harm para?

Answer 4

(If fault is established))

If fault is established, someone could be punished such as, in terms of murder, with a mandatory life sentence.

Question 5

What is the fifth point for the fault and harm para?

Answer 5

(An issue may lie)

An issue may lie under areas where somebody is deemed at fault without the requisite mens rea, for example strict liability offences such as speeding.

Question 6

What is the sixth point for the fault and harm para?

Answer 6

(In order to establish)

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

Question 7

What is the seventh point for the fault and harm para?

Answer 7

(An example of this is)

An example of this is the Tony Martin case, where a trial established his level of fault through the distinction of reasonableness of force as to the defence of self defence.

Question 8

What is the eigth point for the fault and harm para?

Answer 8

(Fault is also an important part)

Fault is also an important part of civil law, since it was introduced in the case of Cambridge water v Eastern counties leather.

Question 9

What is the ninth point for the fault and harm para?

Answer 9

(Overall the concept of fault)

Overall, the concept of fault is vitally important to a criminal legal system, as it determines who should be punished and what level of punishment the defendant must receive.

Question 10

What is the tenth point for the fault and harm para?

Answer 10

(However fault does still)

However, fault does still have some issues, as it can in some cases be wrongly or disproportionately applied, causing incorrect sentencing.

Question 11

What are all 10 points for the fault and harm para?

Answer 11

Fault can be defined as

The significance

Both an actus reus and mens rea

If fault is established

An issue may lie under areas

In order to establish

An example of this

Fault is also an important

Overall, the concept

However, fault does