Fault

Description

Reminder of some of the key terms/issues
Stuart Halford
Flashcards by Stuart Halford, updated more than 1 year ago
Stuart Halford
Created by Stuart Halford about 6 years ago
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Resource summary

Question Answer
What are synonymous terms for fault? Blame and responsibility
What is the basic premise that underpins fault? The defendant should be able to contemplate the harm their actions may cause.
What aspect of Criminal Law is significant in determining fault? Mens rea - apart from crimes of Strict Liability
What kind of offences are usually covered by Strict Liability? Regulatory
In which case was the D found guilt of supplying prescription only drugs without prescription? Pharmaceutical Society of Great Britain v Storkwain Ltd (1986)
Which 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.
Which case traditionally was described as a strict liability in Tort? Rylands and Fletcher
What are the three levels of fault in criminal law? Specific intention, recklessness and negligence.
In which areas of criminal law can recklessness be discussed in a Fault answer. s47 OAPA 1861 and Criminal Damage
What 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)
What are the three types of mistake? Genuine mistake Drunken mistake Mistake as to circumstances Williams (1987)
Which of the defences completely eliminates the fault element? Non insane automatism A-G Reference ( No 2 -1992)
In 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
What area of Tort law acknowledges that both D and C may have some level of fault? Contributory negligence
Which area of tort places fault with the employer for employees actions? Vicarious liability
What is the three part test in Tort law that aims to establish whether blame is attributable. Caparo Caparo Industries v Dickman (1990)
What two word phrase can be helpful in establishing fault? But for
Under 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.
Which type of offence is proven by both R v Larsonneur (1933) and Winzar v Chief Constable of Kent (1983) Absolute liability
What principle ensures fault is attached even if an unintended victim is harmed? Transferred Malice
What are the two categories of intent? Direct and Oblique Hancock and Shankland (1986)
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