Q9 Fault (Fault- D's conduct must be voluntary)- see folder for answer Flashcards

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1
Q

What is meant by fault?

A

-a fundamental area of the law which justifies blame, responsibility and punishment.
-defendant is culpable
-criminal law heavily based on fault.

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2
Q

What did legal philosopher HLA heart argue?

A

-punishment should be restricted to those who have broken the law.

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3
Q

General principles of criminal law?

A

-liability is based on fault
-blame is based on mens rea

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4
Q

What needs to be discussed in a fault question?

A

-Fault liability
-Non-fault liability/strict liability

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5
Q

What elements must be established in order for fault to be established?

A

D’s conduct must be voluntary- acted of own free will

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6
Q

What case demonstrates the D’s conduct must be voluntary?

A

-Hill V Baxter. (bees)

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7
Q

What area of law does the D’s conduct must be voluntary link to?

A

-Duress- overborne by the threat of death or serious injury.

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8
Q

What case links to duress?

A

R V Hurley and Murray

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9
Q

R V Hurley and Murray?

A

Threats to his girlfriend.

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10
Q

How do courts limit the availability of the defence of duress?

A

-Restricted to situations where the defendant lacks fault.

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11
Q

What case limits the availability of duress to situations where the defendant lacks fault?

A

R V Ali

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12
Q

Broome v Perkins

A

-in hypoglycaemic state
-drove home and hit a load of people- didn’t realise
-said driving the car was some level of control.

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