Nature of law- LAW AND SOCIETY Flashcards
- WHAT IS THE MEANING AND IMPORTANCE OF FAULT IN CRIMINAL LAW- FAULT?
Fault generally implies a sense of blameworthiness or responsibility for ones wrongdoing. In criminal law, to be at fault D’s act or omission must usually be voluntary. If D has no control over his actions then he is not at fault and has not committed the actus reus.
- WHAT IS THE MEANING AND IMPORTANCE OF FAULT IN CRIMINAL LAW- LEGAL CAUSATION- PAGETT?
The requirement of legal causation is so that the morally blameless are not criminally liable.
- WHAT IS THE MEANING AND IMPORTANCE OF FAULT IN CRIMINAL LAW- OMISSION?
There have been questions as to when an omission may amount to sufficient fault for criminal liability. The normal rule is that an omission cannot make a person guilty of an offence. However, there are a number of exceptions to this rule.
- WHAT IS THE MEANING AND IMPORTANCE OF FAULT IN CRIMINAL LAW- ACTUS REUS AND MENS REA?
The latin term actus reus means ‘guilty act’, but without mens rea there will be no criminal liability except for offences of strict liability. So the mens rea can be seen as the main ‘fault’ element of the offence. The law may make D guilty for being negligent, or reckless, or for having the intention to cause a prohibited result. These are very different levels of fault.
- WHAT IS THE MEANING AND IMPORTANCE OF FAULT IN CRIMINAL LAW- DEFENCES?
There are various defences available in the criminal law which can reduce or eliminate fault on the part of D. Voluntary intoxication can negate the mens rea of intent but not recklessness, so usually reduces but does not remove fault. Where available, D will be guilty of the lesser basic intent offence- e.g. manslaughter instead of murder.
- WHAT ARE THE MAIN PROBLEMS WITH FAULT IN CRIMINAL LAW- S.47/S.20 OAPA?
The crimes of s.47 and s.20 under the OFFENCES AGAINST THE PERSONS ACT 1861 have a level of fault which does not correspond to the actus reus. For example, D only needs the mens rea of assault or battery to be guilty of assault occasioning ABH under s.47: SAVAGE. This is a lower level of fault than the actus reus suggests.
- WHAT ARE THE MAIN PROBLEMS WITH FAULT IN CRIMINAL LAW- DPP V NEWBURY AND JONES?
The offence of unlawful act manslaughter only requires mens rea for the unlawful act and not for the death, so D may be liable for involuntary manslaughter where there was only mens rea for a minor offence like criminal damage.
- WHAT ARE THE MAIN PROBLEMS WITH FAULT IN CRIMINAL LAW- S.18 OAPA?
Where D is charged with an offence under s.18 of the OFFENCES AGAINST THE PERSONS ACT 1861, he can use intoxication as a defence provided he was so intoxicated that he did not form the intent to do GBH. However, because intoxication isn’t a defence to a basic intent offence, D can be found guilty of a lower level offence- s.20 OAPA 1861. However, not all specific intent crimes have a ‘fall-back’ basic intent offence. Theft is an example. Thus there is inconsistency in the law.,
- WHAT ARE THE MAIN PROBLEMS WITH FAULT IN CRIMINAL LAW- BLAUE?
In causation, the thin skull rule means D may be liable for a consequence due to a vulnerable in V rather than because of D’s own fault.
- WHEN WILL THERE BE CRIMINAL LIABILITY WITHOUT FAULT? ALPHACELL?
An offence of strict liability means one where the prosecution need not prove mens rea for at least part of the actus reus. D must have committed the actus reus voluntarily, but D does not have to be at fault. In ALPHACELL LTD V WOODWARD the pumps a company had installed broke down and caused polluted waste to flow into a nearby river. There was no evidence that the company had been negligent, but they were strictly liable because it was of the utmost public importance that rivers shouldn’t be polluted.
