principles underpinning fault in the criminal law

Question 1

what is fault

Answer 1

fault in a legal sense is a form of a wrongdoing
-this might be an offence in criminal law or a negligent in tort in civil law
-Fault is a term used to describe the idea of blameworthiness

Question 2

what are the two elements that show that a person is at fault and guilty in criminal law

Answer 2

actus reus (which is a physical element of a crime) doing
mens rea is the mental element of a crime
intending or thinking

Question 2

how can crimes be categorised

Answer 2

conduct crime
result crime

Question 3

What are Conduct Crimes?

Answer 3

Whereby the defendant’s actions alone is enough to prove the actus reus of a particular crime.

Question 4

give an example of a conduct crime

Answer 4

For theft, the act of stealing the property of another is the theft, there is no required result such as spending the money in order for it to be considered actus reus.

Question 5

What are “Result” Crimes

Answer 5

A crime that requires a specific outcome as an essential element

Question 6

give an example of a result crime

Answer 6

-In Criminal damage, it is necessary to prove that the accused’s acts caused damage to the property belonging to another If the damage was caused by another action, then the offense has not been committed.
- Another example is that throwing stones itself is not a crime, however if throwing stones results in damage of property, then that is a crime. The outcome is what matters here

Question 7

what should happen for any successful prosecution

Answer 7

-It is important to note that for any successful prosecution, there must be proof of the elements of the offense beyond reasonable doubt.
- This is a much higher standard than in civil law where the standard of proof is on the balance of probabilities