First 641 words of the document:
Fault essay structure:
Definition: Fault is how blameworthy someone is for a consequence.
Criminal law General rule is that the D has to have the required mens rea to be
guilty of an offence. Examples Inc. intention, subjective recklessness or grossly
Direct Intention is where the D intended to have caused the consequence and
oblique intent is where the D realised that the consequence was a virtual certainty
and went on to do it anyway.
However , some crimes have lower requirements of mens rea compared to the actus
reus. E.g. Murder requires intention to either kill or cause serious harm. To cause
serious harm is a lower level of fault for a serious crime which is a negative as unfair.
Second Paragraph: A
of the English Law system
and the importance
of fault would be a change in the law made by the S upreme Court which is where
they abolished objective recklessness
as they realised it was unfair and doesn't
consider the level of fault.
In the case of Gemmel and Richards it showed i njustice of
liability as D did not realise the risk of consequences in this case
negative would be unlawful and dangerous act manslaughter where the level of fault needed
is not high enough for such a serious crime. As you only need to be reckless as to cause the
act not the death which is unfair.
Gross Negligence Paragraph: When looking at the importance of fault we must
also consider gross negligence.
tandard of fault is set out in the case of
Adomako and was confirmed in Misra.
It sets out the D
must have been grossly
negligent . This can lead to issues with Juries as some Juries could come up with a
different outcome compared to others in a case with similar facts which can lead to
inconsistency in the English Law System.
Fault Sets Standards Paragraph: Fault also helps set standards in the
English Law System in 3 things
. They are defences
In defences, fault can be removed or reduced
. In automatism
, the D isn't in control
of their actions that led to the consequence which means there was n o fault which is
reflected in the outcome as the D is acquitted
. This is fair
. In S elfDefence and
Duress , the D's level of fault is excused but not removed as they a re partially to
blame for the consequences
. T his is fair
. In intoxication, the Majewski Rules set out
the level of fault for the D as if the D was getting intoxicated voluntarily it can only be
used in specific intent crimes e.g.S18 and Murder as the D w ould not have the
required mens rea. However , it is not available in crimes where recklessness is
sufficient as getting intoxicated is seen to be r eckless. This is fair as it represents the
level of fault being considered.
When looking at omissions
, the general rule
is that there cannot be any fault or
liability for failing to do something unless you have a duty that is included in the
exceptions . They are Relationship (Gibbons V Proctor)
, Voluntary undertaking of
care (Stone and Dobinson ), Creation of a dangerous situation (Miller), Official duty
(Dytham) and Contractual (Pittwood)
. This is fair because you are only l iable if you
had a duty to act and were at fault.
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In sentencing , the level of fault
can be taken into consideration
by any aggravating
factors e.g. reoffending being taken into consideration and making the sentence worse
or any mitigating factors aking
e.g. first offence being taken into account and m the
sentence more lenient . This is an example of liability
being fault based
and is fair.
However, any mitigating factors cannot affect the mandatory life sentence for
committing murder. This is unfair as the Judge cannot take into consideration any
extenuating circumstances e.g.…read more