Flashcards
Fault
Cards in this deck (21)
- 1What are synonymous terms for fault?Blame and responsibility
- 2What is the basic premise that underpins fault?The defendant should be able to contemplate the harm their actions may cause.
- 3What aspect of Criminal Law is significant in determining fault?Mens rea - apart from crimes of Strict Liability
- 4What kind of offences are usually covered by Strict Liability?Regulatory
- 5In which case was the D found guilt of supplying prescription only drugs without prescription?Pharmaceutical Society of Great Britain v Storkwain Ltd (1986)
- 6Which case highlights a problem with the Sexual Offences Act 2003 and the creation of strict liability offences.G (2008)
Charged under section 5 - maximum penalty of life and placed on sex offenders register.
Girl consented
D reasonably believed her to be over 13. - 7Which case traditionally was described as a strict liability in Tort?Rylands and Fletcher
- 8What are the three levels of fault in criminal law?Specific intention, recklessness and negligence.
- 9In which areas of criminal law can recklessness be discussed in a Fault answer.s47 OAPA 1861
and
Criminal Damage - 10What is argued about the fault level in murder?It should not include intention to cause GBH - the law is treating D's with different levels of blame in same manner and there is no difference in sentence.
Vickers (1957) - 11What are the three types of mistake?Genuine mistake
Drunken mistake
Mistake as to circumstances
Williams (1987) - 12Which of the defences completely eliminates the fault element?Non insane automatism
A-G Reference ( No 2 -1992) - 13In what way does the Criminal Justice Act 2003 acknowledge that there are different levels of fault.Sentencing tariffs:
Murder involving abduction and sexual motivation (whole life term)
Minimum 30 years for serious murder
Minimum of 15 other cases
12 years for offenders under 18 - 14What area of Tort law acknowledges that both D and C may have some level of fault?Contributory negligence
- 15Which area of tort places fault with the employer for employees actions?Vicarious liability
- 16What is the three part test in Tort law that aims to establish whether blame is attributable.Caparo
Caparo Industries
v Dickman (1990) - 17What two word phrase can be helpful in establishing fault?But for
- 18Under normal circumstances omission would not lead to fault unless:-Duty of Care
Statutory - Contractual - Relationship - Duty undertaken voluntarily - official position - set in motion chain of events. - 19Which type of offence is proven by both R v Larsonneur (1933) and Winzar v Chief Constable of Kent (1983)Absolute liability
- 20What principle ensures fault is attached even if an unintended victim is harmed?Transferred Malice
- 21What are the two categories of intent?Direct and Oblique
Hancock and Shankland (1986)
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- Reminder of some of the key terms/issues
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- Stuart Halford
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