Law And Fault 10 Mark Answer (law And Society) Flashcards
(14 cards)
- Fault is needed
To prove liability in most aspects of civil and criminal law
- Fault means
Blameworthiness and is a normal requirement before a person can be found guilty and punished in criminal law or liable to provide a remedy in civil law
- There are
Exceptions to the statement hiwever
- In criminal law
Fault is reflected in four main areas
- The AR
Which means the physical part of the crime needs to be carried out voluntarily, Hill v Baxter.
For consequences crimes both factual and legal causation must be proved, R v Broughton
- MR is a
Clear indicator of blameworthiness with direct intention being the most blameworthy as you intended the actions and wanted the consequence e.g. intended the action of pointing a gun at someone and you wanted them dead, R v Mohan
- Indirect intention is
The next most blameworthy as you intended the actions but don’t necessarily desire the consequence, R v Woolin
- Recklessness follows when
Knowingly take an unjustified risk, R v Cunningham.
Negligence is the least blameworthy when you merely fail to reach the standard of a reasonably competent person in that situation, R v Adomako.
- Defences can also
Lower the level of fault either partially or completely e.g. self defence renders D blameless in the eyes of the law as their actions are necessary and proportionate e.g. R v Gladstone Williams.
- Diminished responsibility only
Partly absolves you, lowering your conviction from murder to manslaughter if you’re suffering from an abnormality of mental functioning, R v Clarence.
- Duress can also
Absolve you if you fulfil quite stringent criteria but never Un the case of murder or attempted murder, R v However and Bannister
- In the criminal sphere
Sentencing clearly reflects the level of fault of an individual D through aggravating and mitigating factors.
- Aggravating mean
You’re more at fault and deserve a higher sentence e.g. whole life tariff imposed on Kyle Clifford (crossbow killer).
Whereas mitigating factors lower your sentence e.g. in the case of Venebales and Thompson
- Strict liability offences are
The exception to the above in that they don’t require the MR only the AR which eliminates a large amount of blameworthiness e.g. the pharmacist in Storkwain v Pharmaceutical society genuinely didn’t know he was supplying drugs using a false prescription.
Strict liability offences exist mainly in areas of public health and safety
