Fault (1,2) Flashcards
(13 cards)
What is the definition of fault according to the Oxford English Dictionary?
Fault is defined as ‘something wronglv done’, ‘mistake’, and ‘culpability’. It is a legal and moral term used to describe a person’s culpability or blameworthiness.
How does the UK legal system determine liability?
In the UK, a person’s liability is generally dependent upon their degree of fault. In criminal law, people are guilty if proven beyond reasonable doubt.
What is an example of fault in criminal law?
If you have embarked on a criminal path, you should be liable regardless of the outcome. For example, in Roberts, the escape attempt of the victim did not break the chain of causation, resulting in the defendant being liable for ABH injuries.
This shows how the defendant was responsible for all consequences, resulting in a higher sentence.
What does fault signify in criminal law?
Fault is a marker of blame that imposes responsibility and justifies penalties or sanctions.
What happens if a defendant kills someone and is found guilty?
If the defendant kills someone and is found guilty beyond all reasonable doubt, they will receive a punishment that is proportionate, which is mandatory life.
What is the principle of individual responsibility in criminal law?
Criminal law is based on the principle of fault, meaning a defendant will only be punished if it is proved beyond all reasonable doubt that they are to blame.
How do different crimes reflect varying levels of fault?
Different crimes have different levels of mens rea (MR), highlighting the level of fault of the defendant. For instance, a defendant who intends to harm someone is more at fault than one who is merely reckless.
The sentence should reflect this level of fault.
What concept did Vera Bergelson explore?
Vera Bergelson explored the concept of victim fault and its relevance to criminal liability, arguing that the conduct of victims should be considered when assessing the criminal liability of the defendant.
What did K. J. M. Smith analyze regarding fault?
K. J. M. Smith analyzed the development of subjective and objective fault in the law, highlighting how judicial practices have evolved to incorporate both notions of fault.
For example, the MR for murder changed from an objective test to a subjective test.
What is Andrew Von Hirsch’s contribution to criminal law?
Andrew Von Hirsch contributed to the retributive theory and the principle of ‘just deserts’, believing that the severity of punishment should correspond to the moral blameworthiness of the defendant’s conduct.
What are the two tests of causation in law?
The law of causation is split into two tests: factual causation, which uses the ‘but for test’, and legal causation, which states the defendant must be a significant contributory factor.
Factual causation and legal causation uphold the principle of fault.
What is a novus actus interveniens?
A novus actus interveniens could break the chain of causation from the original defendant, but it is difficult to break the chain as the law feels the original defendant should be at fault.
What are eggshell conditions in relation to causation?
Eggshell conditions do not break the chain of causation, meaning the defendant must take the victim as they find them.
This upholds the principle of fault and ensures vulnerable members of society are kept safe.
