FAULT

Question 1

Fault beginning paragraph

Answer 1

Fault means blame. It reflects the wrongdoings of the individual by enforcing legal responsibility and helps decide whether the D should be guilty/liable. Simply, if D is not at fault, they shouldn’t be found liable. The more they are at fault, the higher the sentence/ serious the remedy will be.

Question 2

How is fault proved in criminal law

Paragraph 1+2

Answer 2

AR CAUSATION
Factual causation - But for (White)
Legal causation - break in chain (Jordan)
MR
Direct intent (Mohan)
Recklessness (Cunningham)
Gross Negligence (Misra)

Question 3

The link between D’s fault and the sentence

Criminal

Paragraph 3

Answer 3

The higher the level of D’s fault, the more serious the sentence (explain murder + assault). D will get lower sentence if reckless compared to intention.

Question 4

What will reduce/remove D’s fault?

Criminal

Paragraph 4

Answer 4

Defences will demonstrate that D is not to blame due to not having capacity to commit crime e.g. insanity, automatism, duress, self-defence, intoxication.
Necessity vs capacity defences.
Partial defences mean D is still at fault but there is a reason why they committed the offence, making them less at fault. 2 partial defences to murder = LOC + DR
Effect on D’s sentence if successful? Reduced to VM

Question 5

Strict liability crimes

Criminal

Paragraph 5

Answer 5

D has no MR. Usually regulatory offences e.g. sale of food, alcohol etc.
Law criminalises people not at fault. Protects public