Q9) Fault: (15)- done just go over later Flashcards
Offences of strict liability do not require mens rea for at least part of the actus reus. Examine the meaning and significance of ‘fault’ within criminal law, and discuss the extent to which offences of strict liability criminalise those who are not at ‘fault’. [15 marks]
What is the general meaning of fault? (introduction)
-Blameworthiness and responsibility.
What could fault be described as? (introduction)
- A fundamental element justifying liability and blameworthiness.
- Doing what is right and not wrong.
Who argued that punishment should be restricted to those who have broken the law?
HLA heart.
What attitude is present in criminal law?
A general presence that liability is based on fault.
What is the main way the legal system apportions blame?
The mens rea.
Two examples of mens rea differentiating blameworthiness/ mens rea?
- S18 offences and S20.
- Murder and Manslaughter.
What type of crimes are always fault based?
-True crimes like murder or theft.
Differences in sentences of S18 and S20
- Life for S18.
- 5 years for S20
What does the principle from Hill and Baxter outline?
‘Only those choosing to carry out the act will be held liable, not those who inadvertently act’
-Question of who can be made legally liable for failing to do the right thing.
Which types of crime are likely not to be fault based?
-Regulatory offences.
