Molly Hope
Mind Map by , created more than 1 year ago

A-Level Law (UNIT 4) Mind Map on Where we see Fault in Law, created by Molly Hope on 22/03/2017.

20
0
0
Molly Hope
Created by Molly Hope over 8 years ago
Rate this resource by clicking on the stars below:
1 2 3 4 5 (0)
Ratings (0)
0
0
0
0
0

0 comments

There are no comments, be the first and leave one below:

Close
Where we see Fault in LawMens ReaThe key demonstration offault in operation incriminal law - Did theyintend the crime?The hierarchy of levelsof mens rea is oftenknown asblameworthiness fori.e. faultDirect intent - most faultOblique intent - medium faultRecklessness - least faultA lack of mens rea will meanthat a person is not guilty at allfor example R v Clarke (1972)states that a moment of absentmindedness is not substantial.NegligenceIt must be fair, just andreasonable to impose aduty on someone in thecase of Hill v Chiefconstable of WestYorkshire (1990)With the exception of publicservices such as the policebecause they are only doingtheir job, thus there is no faultHarm must be foreseeable from the case of Roev Minister of Health - If you forsee the harm thensociety considers it to be your faultCausation and proximity -The Wagon MoundDefencesIf one of the defences applies (either partial or full) then the defendants acquitted(or sentcen or reduced) as the law considers that they are not at fault or less atfault.M'Naghten (1984) - InsanityGraham (1982) - DuressGladstone and Willams (1987) - AutomatismBut what about intoxication? Kingston (1994) saysthat if you are entirely intoxicated and cannot forma mens rea then you will be acquitted.If you claim a defence then you're not fully at fault.Actus Reusyou must commit the actus reus of any crime voluntary - Hill v BaxterOmmissions - where the defendant is held to be at fault eventhough they did not act:Stone and Dobinson - voluntary actsGibbins and Proctor - duty because of a relationshipCausation - the rules of causation are ruleswhich prove a link between the defendant'sactions and the consequence to establishthat the defendant was at faultIf there is a novus actus then the chain ofcausation is broken and the defendant is nolonger put at fault - R v WilliamsDouble click this nodeto edit the textClick and drag this buttonto create a new node