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

Question 1

What is meant by fault?

Answer 1

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

Question 2

What did legal philosopher HLA heart argue?

Answer 2

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

Question 3

General principles of criminal law?

Answer 3

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

Question 4

What needs to be discussed in a fault question?

Answer 4

-Fault liability
-Non-fault liability/strict liability

Question 5

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

Answer 5

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

Question 6

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

Answer 6

-Hill V Baxter. (bees)

Question 7

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

Answer 7

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

Question 8

What case links to duress?

Answer 8

R V Hurley and Murray

Question 9

R V Hurley and Murray?

Answer 9

Threats to his girlfriend.

Question 10

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

Answer 10

-Restricted to situations where the defendant lacks fault.

Question 11

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

Answer 11

R V Ali

Question 12

Broome v Perkins

Answer 12

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