Fault - P1

Question 1

What is the definition of fault according to the Oxford English Dictionary?

Answer 1

Fault is defined as a default, failing, neglect, a defect, imperfection, or blemish of character, something wrongly done, a transgression, an offence, a failure in an attempt, a slip, an error, a mistake, responsibility for something wrong, culpability, or a defect causing something wrong or undesirable.

Question 2

What is the general rule on fault in English law?

Answer 2

There is no liability without fault.

Question 3

What must be proved in the vast majority of criminal offences?

Answer 3

Proof of actus reus and mens rea.

Question 4

What is actus reus?

Answer 4

A voluntary act that must be established for liability.

Question 5

What is the significance of automatism in relation to actus reus?

Answer 5

Acts carried out involuntarily (as in automatism) will not cause liability.

Question 6

What is mens rea?

Answer 6

A guilty state of mind that must be established for a successful prosecution.

Question 7

How does the degree of fault relate to the seriousness of a crime?

Answer 7

The more serious the crime, the higher the degree of fault that needs to be proved.

Question 8

What are the three levels of mens rea in criminal law?

Answer 8

• Intention (direct and oblique)
• Recklessness (deliberate risk taking)
• Negligence (carelessness)

Question 9

What must be proved in a prosecution for murder?

Answer 9

The defendant had the intention to kill or cause GBH.

Question 10

What is sufficient for a prosecution for manslaughter?

Answer 10

The gross negligence of the defendant regarding the consequences of his actions.

Question 11

What role does the CPS play in criminal law?

Answer 11

The CPS prosecutes on behalf of the state and proves the required degree of fault for the offence charged.

Question 12

What factors does a judge consider when deciding a sentence?

Answer 12

• The degree of fault
• Any defence
• Aggravating or mitigating circumstances

Question 13

What types of sentences can be imposed based on the degree of blameworthiness?

Answer 13

• Custodial sentences for the most blameworthy defendants
• Community sentences for less blameworthy defendants

Question 14

True or False: Fault is irrelevant in the context of criminal law.

Answer 14

False

Question 15

Fill in the blank: The general rule states that you cannot be found blameworthy for any matter unless you have somehow been at _______.

Answer 15

fault

Question 16

What does the law of Attempts hold regarding liability?

Answer 16

D is liable for the same sentence as for the crime proper under s54(1) of the Criminal Attempts Act 1981.

This is due to the demonstrated level of fault in acting in a more than merely preparatory manner.

Question 17

How does the case of Mr. Shivpuri illustrate the concept of fault in attempts?

Answer 17

Mr. Shivpuri’s inability to commit an impossible crime did not remove his fault.

He would have imported class A drugs but for his confusion over the suitcase contents.

Question 18

What is the effect of a successful plea of self-defence?

Answer 18

It results in a complete acquittal as D is entirely justified in their actions.

The Crime and Courts Act 2013 amended s76 of the Criminal Justice and Immigration Act 2008 regarding householders’ rights.

Question 19

What does the amendment to s76 of the Criminal Justice and Immigration Act 2008 acknowledge?

Answer 19

It acknowledges that D’s fault is less when defending themselves/others/property compared to less threatening situations.

Question 20

What do certain defences to murder, such as automatism and self-defence, indicate?

Answer 20

They indicate that D was either not responsible for their actions or justified in their actions, and therefore not at fault.

Question 21

What is the general principle established in Howe [1987] regarding duress?

Answer 21

One should not sacrifice another’s life to save one’s own.

Question 22

How does the defence of duress apply to other offences?

Answer 22

Intimidating threats can provide a defence for committing a crime because the fault element is missing.

Question 23

What does the defence of insanity provide in relation to murder?

Answer 23

It provides no complete defence to murder, justified on the need to protect society.

Question 24

What concern has arisen from the government policy regarding mental health patients?

Answer 24

There is concern that patients with previous histories of violence have committed serious crimes, raising questions of responsibility.

Question 25

What is the legal recognition of the insane in terms of moral fault?

Answer 25

The law recognizes that the insane are not responsible for their actions; there is no moral fault attached to their 'crimes'.

Question 26

What is the consequence for the insane under the Mental Health Act 1983?

Answer 26

They are sectioned for an indefinite period.

Question 27

How can the general public influence changes in the law regarding fault?

Answer 27

Public pressure can lead to legal changes, such as the removal of the 'sudden' requirement for victims of BWS in the Coroners and Justice Act 2009.

Question 28

What did the Coroners and Justice Act 2009 replace provocation with?

Answer 28

It replaced provocation with loss of control.

Question 29

What does mens rea indicate in relation to criminal fault?

Answer 29

It provides an indication of the degree of fault that needs to be proved for a specific offence.

Question 30

What may exist even if mens rea can be established?

Answer 30

There may exist a relevant defence which reduces the defendant's culpability for the crime committed.

Question 31

True or False: The notion of fault is evident within criminal law.

Answer 31

True.

Question 32

What must occur to breach the duty of care?

Answer 32

Fall below the standard expected of the reasonable man ## Footnote This means failing to act reasonably in the circumstances.

Question 33

Who stated, 'the law takes no account of the infinite varieties of temperament, intellect and education'?

Answer 33

Oliver Wendell Holmes ## Footnote This highlights the objective standard required of all individuals.

Question 34

What type of harm is considered negligence-based even if it is psychological?

Answer 34

Cases of psychiatric harm ## Footnote The same breach of duty of care must have occurred as required for physical injury.

Question 35

According to Section 1(1) of the Law Reform (Contributory Negligence) Act 1945, how are damages apportioned?

Answer 35

Damages recoverable shall be reduced based on the claimant's own level of fault ## Footnote This is evaluated as just and equitable regarding their share of responsibility for the damage.

Question 36

What is the overriding exception to the general rule of no liability without fault?

Answer 36

Strict liability ## Footnote This applies in both civil and criminal law without being blameworthy.

Question 37

What is required for strict liability to impose liability in criminal law?

Answer 37

Actus reus (AR) without proof of mens rea (MR) ## Footnote This means that the act alone is sufficient for conviction.

Question 38

In which type of offences is strict liability most commonly found?

Answer 38

Regulatory offences ## Footnote These often govern areas like environmental protection.

Question 39

What is one justification for the application of strict liability?

Answer 39

Safety and protecting the general public ## Footnote This ensures that minimum acceptable standards are maintained.

Question 40

How does strict liability benefit the judicial process?

Answer 40

It relieves the prosecution of the burden to prove mens rea ## Footnote This can facilitate quicker judicial proceedings.

Question 41

True or False: Strict liability can sometimes result in injustice to defendants.

Answer 41

True ## Footnote There are concerns about whether defendants are truly at fault.

Question 42

In the case of Callow v Tillstone, what was the defendant's role?

Answer 42

A butcher who sought a vet's examination of meat ## Footnote Despite exercising due care, he was convicted for selling unsound meat.

Question 43

What was the outcome for D in Callow v Tillstone despite taking reasonable steps?

Answer 43

Convicted of exposing unsound meat for sale ## Footnote This illustrates the harsh effects of strict liability.

Question 44

What is a key consideration in exam questions regarding fault?

Answer 44

An assessment on the fairness of fault-based and strict/vicarious liability ## Footnote This highlights the importance of evaluating the implications of different liability frameworks in legal contexts.

Question 45

In which area of law is strict liability considered more acceptable?

Answer 45

Civil law ## Footnote Strict liability is more commonly accepted in civil law due to the emphasis on compensating injured victims.

Question 46

What outweighs the unfairness of blameless individuals providing compensation in civil law?

Answer 46

The unfairness of having an injured victim without compensation ## Footnote This reflects the prioritization of victim rights in civil liability frameworks.

Question 47

Why is strict liability less acceptable in criminal law?

Answer 47

To protect the blameless individual from outcomes of state procedures and sanctions ## Footnote Criminal law aims to uphold principles of justice and fairness for individuals.

Question 48

Who can create strict liability offences?

Answer 48

Parliament ## Footnote This limitation serves as a safety check on the imposition of strict liability.

Question 49

What must be proved in a prosecution for murder according to Woollin?

Answer 49

That D appreciated the consequences of his actions as 'a virtual certainty' ## Footnote This establishes a high threshold for proving intent in murder cases.

Question 50

What burden does the degree of fault required place on the prosecution in murder cases?

Answer 50

An onerous burden ## Footnote This high standard can lead to many murderers escaping conviction.

Question 51

What was the issue with the dishonesty test in Theft cases as established in Ghosh?

Answer 51

The subjective nature of the test ## Footnote This subjectivity can complicate the prosecution's ability to secure convictions.

Question 52

What could potentially increase conviction rates in murder cases?

Answer 52

Using an objective test ## Footnote An objective standard could simplify the determination of intent and fault.

Question 53

What was addressed in the context of Theft terms in Ivey v Genting Casinos?

Answer 53

The prosecution's burden of proof for dishonesty ## Footnote This case has implications for how dishonesty is evaluated in legal contexts.

Question 54

What is the relationship between the seriousness of crimes and the burden of proof required?

Answer 54

More serious crimes like murder require a high degree of fault ## Footnote This reflects the legal system's approach to balancing justice and the severity of offenses.

Question 55

True or False: Strict liability offences can be imposed without any checks in criminal law.

Answer 55

False ## Footnote Strict liability in criminal law is subject to limitations and checks to protect individuals.