Q9 Fault (Fault- D's conduct must be voluntary)- see folder for answer Flashcards
What is meant by fault?
-a fundamental area of the law which justifies blame, responsibility and punishment.
-defendant is culpable
-criminal law heavily based on fault.
What did legal philosopher HLA heart argue?
-punishment should be restricted to those who have broken the law.
General principles of criminal law?
-liability is based on fault
-blame is based on mens rea
What needs to be discussed in a fault question?
-Fault liability
-Non-fault liability/strict liability
What elements must be established in order for fault to be established?
D’s conduct must be voluntary- acted of own free will
What case demonstrates the D’s conduct must be voluntary?
-Hill V Baxter. (bees)
What area of law does the D’s conduct must be voluntary link to?
-Duress- overborne by the threat of death or serious injury.
What case links to duress?
R V Hurley and Murray
R V Hurley and Murray?
Threats to his girlfriend.
How do courts limit the availability of the defence of duress?
-Restricted to situations where the defendant lacks fault.
What case limits the availability of duress to situations where the defendant lacks fault?
R V Ali
Broome v Perkins
-in hypoglycaemic state
-drove home and hit a load of people- didn’t realise
-said driving the car was some level of control.