Fault

INTRO =

Dictionary - imperfection of character, or responsibility for an accident or misfortune, or a mistake for which someone is to blame, civil - neglect of care, legal - blame established by the courts where a defendant is legally culpable and so deserving of punishment.

LAW THAT IS FAULT BASED =

ACTUS REUS - voluntary act makes D culpable (Hill v Baxter), positive voluntary act has greatest level of fault, must be factual and legal causation without break in chain of causation if D is to be at fault, defences like automatism prove act not voluntary (R v Quick) law recognises people not usually blameworthy for failing to act, omissions have fault if D had duty to act (R v Miller), This demonstrates the fact that the actus reus element of law is fault based.

MENS REA - guilty mind, tests if D mentally at fault, level of fault required for offence reflected in mens rea, direct intention highest level of fault as main aim and purpose (R v Mohan), test for recklessness changed over time, R v G & R confirmed subjective recklessness, R v Caldwell criticised for causing injustice, This decision showed that even the lesser mens rea are fault based.

JOINT ENTERPRISE - where a number of people take part in a criminal offence, previous mens rea for murder in joint enterprise did not reflect actus reus (appreciated that death or serious injury was virtually certain), changed in R v Jogee to require intention to assist or encourage the principal to commit the crime, change in law recognised importance of level of fault required for serious offences.

CIVIL LAW - fault essential in some areas of civil , like breach of duty of care element for establishing…